ADJUDICATION OFFICER DECISION/RECCOMENDATION

Adjudication Decision Reference: ADJ-00002416

Complaint for Resolution:

Venue:

Ardboyne Hotel, Navan, Co. Meath.

Date of Adjudication Hearing: 09/06/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 8 of the Unfair Dismissals Act, 1977 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant was employed on a fixed term contract form the 30^th of June 2014 to the 16^th of March 2016. He alleges that he was unfairly dismissed contrary to the terms of the Section 8 of the Unfair Dismissals Act, 1977. He filed a complaint with the Workplace Relations Commission on the 21^st of March 2016.

Respondent’s Submission:

The Complainant was initially employed on a fixed term contract which ran on the 30^th of June 2014 until the 3^rd of October 2014. The contract was then renewed and ran until the 27^th of March 2015. The contract was then subsequently renewed for one further period up until the 25^th of March 2016.

Prior to the fixed term contract as referred o above, expiring, the Complainant was invited to a meeting with his coordinator and supervisor. The purpose of this meeting was to inform he Complainant that his fixed-term contract would not be renewed beyond the expiration date i.e. the 25^th of March 2016. However, the Complainant refused to attend this meeting and instead proceeded to leave his workplace. Both the Complainant’s supervisor and coordinator followed him in an effort to explain the situation to the Complainant. However, they were unable to do so. Later on that day, the Complainant’s supervisor returned a call received from the Complainant. During the course of the aforementioned conversation, the supervisor explained to the Complainant that the Respondent were not renewing his contract beyond the expiration date. It was further explained that he would be paid up until the 25^th of March 2016 and that he would receive any unpaid annual leave which he had accrued.

Section 2(2)(b) of the Unfair Dismissals Acts, 1977-2007 provides as follows;

“dismissal where employment was under a contract of employment for a fixed-term or for a specified purpose (being a purpose of such kind that the duration of the contract was limited but was, at the time of its making, incapable of precise ascertainment) and the dismissal consisted only of the expiry of the term without its being renewed under the said contract or the cesser of the purpose and the contract is in writing, was signed by or on behalf of the employer and by the employee and provides that this act shall not apply to a dismissal consisting only of the expiry or cesser aforesaid.”

In essence, the aforementioned section of the Unfair Dismissals Acts, provides that the dismissal of an employee by reason only of the expiry of the fixed term contract will not be unfair provided the contract is in writing, it has been signed and it contains a clause to the effect that the terms of the Unfair Dismissals Act 1977-2007 do not apply to it. It is clear from the contract that the aforementioned requirements have been met and thus the claim which has been initiated by the Complainant must fail.

Complainant’s Submission:

On Wednesday 16th March 2016 he was informed by his shift co-ordinator that he had to hand over his work badge and gather his work belongings. He was informed that his contract was terminated by Human Resources and that he would be paid in lieu for dismissal notice. He was escorted off the premises by the co-ordinator not by the supervisor who was on site at time of his dismissal. He requested why he was being let go and was advised that it was Human Resource’s decision to terminate his employment. He requested a written notice of his dismissal and he was advised he would receive a written notice in the post from HR but to date this notice has not been received. He could not understand why he was dismissed as three days previously his supervisor and coordinator interviewed him for a full-time position in the company. He also received a text message from his supervisor complimenting him on his work.  

Findings:

The Complainant was employed on a fixed-term contract from the 30^th of June 2014 tho the 3^rd of October 2014. The contract was renewed and ran until the 27^th of March 2015. The contract was renewed again until the 25^th of March 2015.

The Respondent attempted to organise a meeting with the Complainant on the 16^th of March 2016 in order to advise him that his contract would not be further renewed. The Complainant’s coordinator was asked by his supervisor to bring the complainant to his office for a meeting to advise him of the non-renewal of his contract. The complainant decided that there was no point in attending that meeting as he was aware of the agenda and decided to leave his workplace on the 16^th of March 2016.

The Complainant received a fixed-term contract in writing which was signed by the parties. The Complainant also received written notification of the extensions to his contract on the 3^rd of October 2014 and on the 27^th of March 2015. The fixed-term contract provided to the Complainant clearly stated;

“The Unfair Dismissals Acts 1977-2007 will not apply to a dismissal consisting only of the expiry of the fixed-term without its being renewed.”

The Complainant was not unfairly dismissed and is not entitled to seek relief under the Unfair Dismissals Act, 1977. The decision not to renew the contract was based on the expiry of the fixed-term contract.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that act and under Section 8 of the Unfair Dismissals Act, 1977.

Based on the evidence presented by both parties I find that this complaint is not well founded and therefore fails.

Dated:   16 August 2016