Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint    seeking adjudication by the Workplace Relations Commission under Section 8    of the Unfair Dismissals Act, 1977

CA-00001821-001

08/01/2016

Complaint    seeking adjudication by the Workplace Relations Commission under Section 11    of the Minimum Notice & Terms of Employment Act, 1973

CA-00001821-002

08/01/2016

Complaint    seeking adjudication by the Workplace Relations Commission under Section 8    of the Unfair Dismissals Act, 1977

CA-00001825-001

08/01/2016

Complaint    seeking adjudication by the Workplace Relations Commission under Section 11    of the Minimum Notice & Terms of Employment Act, 1973

CA-00001825-002

08/01/2016

Complaint    seeking adjudication by the Workplace Relations Commission under Section 8    of the Unfair Dismissals Act, 1977

CA-00001826-001

08/01/2016

Complaint    seeking adjudication by the Workplace Relations Commission under Section 11    of the Minimum Notice & Terms of Employment Act, 1973

CA-00001826-002

08/01/2016

He had 17    years experience as a security guard working for various companies. He was    with two different companies and a TUPE happened. When the Respondent took    over and his fixed term contact was not renewed by them. His contact of    employment was silent on the unfair dismissals Act. He was never given any    reason as to why he was let go. He feels that he was unfairly dismissed by them.    The contract does not state that the unfair dismissals Act does not apply.    Therefore the employer was not entitled to dismiss him. He had reasonable    expectation of renewal. He cited the Employment Appeals Tribunal case UD914/91”since    no substantial grounds had been shown to justify the dismissal, the    dismissal was unfair”. He is seeking one year’s remuneration in    compensation.

Findings

I note   that the Complainant has had continuous employment since 1998 to 2014 and his   terms and conditions have been protected by the Transfer of Undertakings   Regulations.

I note   that his contracts of employment provided for retirement at 65.

I note   that upon reaching his 65^th birthday he was given a one year fixed   term contract of employment to expire on 6^th September 2015.

I note   that he had hoped that his employer would extend that contract and he   believed that they had done so for others in the employment.

I found no   evidence that there was a contractual entitlement to have the contract   extended. Therefore I find that he did not have a legitimate expectation of   an extension to that contract. I   accept that he had an aspiration to do so only.

I note   that he was advised by his employer by telephone and in writing on 28^th   August 2015 that his contract would end on the expiry date.

I find   that because the contract does not refer to the Unfair Dismissals Acts not   applying does not alter this contract.

I find   that this contract ended upon reaching the date provided in that contract. So   it ended by the effluxion of time.

I find   that this complaint was not well founded.

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 Section 8(1B) of the Unfair Dismissals Act,   1977.

For the above   stated reasons I have decided that this complaint was not well founded and   that it fails.

2)Minimum Notice CA-00001821-002,   00001825-002, 00001826-002

Complainant’s Submission and Presentation

He got a    week’s notice, a phone call from an English manager, stating the non-renewal    on contact.

He has 17    years’ experience as a security guard working for various companies. He was    with the second last company and a TUPE happened. The Respondent took over    and his fixed term contact was not renewed by them.

He got a    week’s notice, a phone call from an English manager, stating the non-renewal    on contact. He had almost 17 years continuous service. He was entitled to 8    weeks’ notice.