LCR22703

1.Appeal of Adjudication Officer Decision No(s) ADJ-00039826, CA-00048570.

BACKGROUND:

2.The Worker referred the case to the Labour Court on 27 September 2022 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation. A Labour Court hearing took place on 9 December 2022.

RECOMMENDATION:

Summary of Worker arguments.

1. The Worker was dismissed unfairly. She was told not to return after contracting Covid.

2. The Worker was replaced by somebody on a permanent contract but she was never informed.

3. The Worker completed every task assigned to her.

1. The Worker was employed on a fixed term contract commencing on 12 November 2021 for six weeks. This was extended with a new end date of 14 January 2022. The purpose of the contract was for the Worker to work with the Respondent’s client, who subsequently placed the Worker with one of their clients.

2. The terms of the contract make clear that it would terminate on 14 January 2022.

3. The contract also makes clear that any renewal of contract would be dictated by the client’s resource requirements. The Respondent understands that the client subsequently filled the post on a permanent basis.

The contract on which the Worker was employed was for a fixed term. The fixed term came to an end. The contract was clear in not giving any guarantee of renewal. Therefore, the Court is obliged to conclude that there was no unfair dismissal and cannot make a recommendation in favour of the Worker.

	Signed on behalf of the Labour Court
	Tom Geraghty
TH	______________________
4 January 2023	Deputy Chairman