Complainant

Respondent

Anonymised Parties

General Operative

Engineering company

Representatives

Jim Sheridan

SIPTU

IBEC

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-00031419-001

08/10/2019

The Complainant commenced working for the Respondent on 18 May 2017.

He worked a 39-hour week.

His employment terminated with the Respondent on 26 April 2019.

The Complainant's case was that he was employed on a series of fixed term contracts.  His case was that he was given no criteria for the selection process that led to the termination of his employment. He argued that some of his co-workers had their fixed term contracts renewed at the time of the termination of his employment, including workers with less service than he had with the Respondent.

He submitted that co-workers were given opportunities that he was not given in terms of applying for different roles with the Respondent.  These roles were higher skilled and more secure.

He explained that he never saw any internal advertisements for other roles.

He felt he was very unfairly treated by the Respondent.

The Respondent's case was that the Complainant was employed with the Respondent on a fixed – term contract on the 18 May 2017. The contract stated an expiration date of 21 July 2017. The fixed term contract was extended on several occasions (ten extensions in total).

The Complainant was informed that the continuation of his fixed term contract was contingent upon sales increasing in the coming months and that there was a possibility his contract could be terminated if sales did not increase.

On 10 April 2019, the Respondent regretfully informed the Complainant that his fixed – term contract would not be renewed. The last day of available work was 26 April 2019.

The Complainants fixed – term contract was not renewed as the role he was working in was no longer required due to a downturn in sales.

A total of 27 employees were informed that their contracts would not be renewed in April 2019.

The Respondent did retain 13 employees in similar type fixed-term contracts, however all of these were in specialised type roles, for which they Complainant was neither trained or qualified or for which the lengthy training period would have been unjustified.

Section 2 of the Unfair Dismissals Act deal with exclusions from the Act.

Section 2 (2) (b) deals with those employed on fixed term contracts provided certain terms are complied with. 

I was provided with a copy of the Complainant's terms and conditions of employment. It included the clause that the provisions of the Unfair Dismissal Act 1977 – 2007 would not apply at the termination of the contract. The contract was signed by the HR manager and the complainant. I was also provided with all the extensions to the contract which were also signed by the HR manager and the Complainant and which referred to the objective grounds justifying the renewal of the fixed term contract.

I am satisfied that the Complainant was employed under a fixed term contract. Furthermore, I am satisfied that the Complainant’s contract came to a natural end in line with his fixed term contract and the termination of his employment was for no other reason.

Section 2(2)(b) of the Unfair Dismissal Acts 1977 as amended applies.

I find the complainant has no standing to bring a complaint under the Unfair Dismissals Act.

The complaint is not well founded.  I have no jurisdiction to hear this complaint.

Fixed term contract.  Not renewed.