ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00017552

Parties:

Complaint(s):

Date of Adjudication Hearing: 25/02/2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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 complaint.

Terms of Employment (Information) Act 1994

Summary of Complainant’s position

The complainant submitted on her complaint form that she did not receive a statement in writing on her terms of employment. She(complainant)stated she was appointed as Acting Shift Co-Ordinator by way of Fixed Term Contract on the 19th June 2017 until the 19 December 2017 and this fixed term contract was extended to the 19th June 2018.

The claimant stated that she was not provided with a contract of employment as her previous fixed term contract had expired on the 19th June 2018.

The complaint added that she went on sabbatical from the 21st June 2018 to the 20th September 2018.

The complainant submitted that by way of email dated 25th July 2018 that she notified the respondent that she would return from sabbatical on Monday 3rd September 2018. In that email she also confirms a telephone conversation where it was stated that she informed the respondent that she wished to accept the position of SCO at Killeagh House.

The complainant produced an email from the respondent confirming her(complainant) return to work on Monday 3rd September 2018 and that she will return as SCO in Killeagh and a meeting would take place to discuss rotas.

The complainant submitted that because of a meeting on the 2nd October 2018 a decision had not been made in relation to her position as SCO.

The claimant felt that she was being pushed out of her position of SCO due to having no contract of employment in place. The complainant tendered her notice to the respondent to end on the 3rd November 2018.

Summary of respondent’s position;

The complainant commenced employment with the respondent on the 15th May 2015 and signed and received an Independent contractors’ Agreement to that effect.

The complainant was employed by the respondent as a Residential Support Worker on a fixed term contract dated the 17th June 2014 for the period 18th June 2014 to 18th May 2015 subject to a 6-month probationary period.

By letter dated the 21st April 2015 the complainant was confirmed that she had passed her probationary period the complainant was thereafter on a full time and permanent contract for the position of Residential Support Worker pursuant to contract dated the 18th May 2015.

The complainant was subsequently employed on a 6-month fixed term contract dated the 15th June 2017 for the position of Acting Shift Co-ordinator for a period 19th June 2017 to the 19th December 2017. It was submitted that no probationary applied to this contract.

The respondent submitted that this was extended to the 19th June 2018. This extension of the fixed term contract was confirmed by letters dated the 31st January 2018 and forwarded by email to the complainant on the 1st February 2018.

It was submitted in terms of each offer of extension that before its expiration a meeting would be had to review the extension of the contract and that at the expiration of the contract the complainant would revert to her position of Residential Support Worker for which she was previously employed on a full time and permanent basis.

The complainant requested a period of a 3-month sabbatical leave from work which was approved by letter dated 6th June 2018 to commence on the 21st June 2018 to the 20th September 2018. The complainant returned to work early at her request and she received a salary advance in the sum of €1500 on the 11th September 2018. The complainants fixed term contract had expired on the 19th June 2018. The complainant was invited to a meeting dated the 4th October 2018 which she did not attend, and she resigned her position.

The respondent submitted they had provided the complainant with the appropriate contract of employment at all times

Findings

I find that both written and verbal submissions were made at the hearing.

I find that the complainant fixed term contract had expired on the 19th June 2018 which is accepted by the respondent

I find that the complainant returned early from her sabbatical on the 3rd September 2018. I find that she confirmed to the respondent that she was accepting the position of SCO in Killeagh House.

I find that this was accepted by the respondent’s email dated the 2nd August 2018

I find in the respondent submitted that the position of SCO was of a temporary nature and in the event of that position being no longer available/required that the complainant would revert to her post of as a Residential Support Worker

I find that having examined the fixed term contract that no such Clause/ Term exists in it.

I find that the respondent did provide contracts employment and while the respondent did not extend the contract which expired on the 19 June 2018 this could be due to the sabbatical and the complaint coming back early to work

I find the claimant resigned on the 4th October2018

On that basis I am making the following decision

Decision:

Section 41 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.

I find that the complaint is not well founded and falls

Dated:   17th April 2019

Workplace Relations Commission Adjudication Officer: Jim O'Connell