Complainant

Respondent

Anonymised Parties

Carpet Fitter

Carpet Centre

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003

CA-00009023-001

11/01/2017

The Complainant was employed with the Respondent on a permanent contract of employment from 1^st September 1981 until the employment terminated on 6^th January 2017. The Complainant was paid €576.00 gross per week and he worked 40 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 11^th January 2017 alleging that he had been penalised by the Respondent under the Protection of Employees (Fixed-Term Work) Act, 2003.

PRELIMINARY ISSUE – IS THE COMPLAINANT A FIXED-TERM EMPLOYEE.

Section 2(1) of the Act of 2003 provides a definition of a “fixed-term employee” as follows – means a person having a contract of employment entered into directly with an employer where the end of the contract concerned is determined by an objective condition such as arriving at a specific date, completing a specific task or the occurrence of a specific event.

Both Parties confirmed at the Hearing that the Complainant was not a Fixed-Term Employee as defined by Section 2(1) of the Act of 2003.

Not a Fixed-Term Employee as defined at Section 2(1) of the Act of 2003.