Complainant

Respondent

Anonymised Parties

A Sales Operative

A Menswear Shop

Representatives

Kirsty O’Sullivan IBEC

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00032506-001

27/11/2019

The complainant was employed by the respondent on the 3rd of July 2019 and his employment ended on the 24th of August 2019. He worked as a sales operative he was paid €2,040 per month. He worked 33 1/2 hours per week. He is claiming under the Industrial Relations Act that he was unfairly dismissed.

The complainant said that on the 24th of August 2019, shortly after he arrived at work, he was called to the back office by the manager. He was told by the manager that his employment was being terminated and that he had to leave the premises immediately. He said that he asked the manager why he was being dismissed. He was unable to give him an answer other than to say that HR had requested him to terminate his contract of employment immediately. He said there was no explanation given to him as to why his contract was terminated in this manner. He said he was not called a meeting, nor was he given any opportunity to know what happened and why his contract was being terminated. He said he believed his contract was permanent because he was given a uniform suit by the manager about 2 weeks beforehand. He said that manager then moved to another store and it was the area manager who informed him of the dismissal. He believes that he would have been made permanent had he not been unfairly dismissed.

The respondents stated that the complainant was hired on a fixed term contract which commenced on 3rd July 2019, and it was due to end on the 31st of August 2019. He worked as a sales assistant. On the 24th of August the complainant was informed that his contract would end on the 31st of August 2019, and there was no requirement for him to continue working until then as he would be paid in lieu for the remaining week and for any accrued annual leave up until that time.

On the 26th of August, the complainant telephone the HR manager to query why he was being let go during the probationary period. The HR manager advised him that he was not being dismissed during probation, but his contract was due to end on the 31st of August, and as he was asked to finish working on the 24th of August because he was not required, he would be paid until the end of his contract on the 31st of August.

It is the respondent’s position that the cessation of the complainant’s employment was solely due to the expiry of the fixed term contract. It was submitted that the respondent often recruits employees on fixed term contracts due to seasonal requirements. These contracts come to a natural end depending on the trading situation. The complainant was hired as there was a seasonal requirement for an additional sales assistant. His contract came to an end as there was no longer this requirement and there were no additional hires in August or September for the role of sales assistant.

It was submitted that the cessation of the complainant’s employment resulted solely from the expiry of a fixed term contract and that he was not unfairly dismissed.

The complainant claims he was unfairly dismissed without good reason. I note that a contract of employment, which issued to the complainant on the 3rd of July 2019,   provided for a fixed-term contract commencing on the 3rd of July 2019 and ending on the 31st of August 2019. The complainant signed this contract on the 6th of July 2019, accepting all of the terms and conditions of the employment. I am satisfied therefore, that the complainant’s contract of employment was terminated due to the expiration of a fixed term contract that he signed on the 6th of July 2019. There was no evidence submitted that the complainant’s contract was anything other than a fixed term contract or that he was dismissed for any reason other than the expiry of that contract. For these reasons, I find that the complainant was not unfairly dismissed.

I recommend that the complainant was not unfairly dismissed.

Industrial Relations Act, dispute in relation to dismissal, expiry of fixed term contract.