Worker

Employer

Anonymised Parties

An Employee

An Employer

Representatives

  Self-Represented

The Respondent’s Trustees

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act 1969

CA-00064747-001

12/07/2024

The Worker referred a dispute to the WRC on the 12th July 2024 wherein she claimed that she was unfairly dismissed from her employment with the Employer on the 4th July 2024. The Employer denied the dispute in its entirety.

 The Worker commenced employment with the Employer in August 2023. She was employed on a fixed term-contract. Her employment ended on the 4th July 2024.

The Worker stated that the 4th July 2024 was a normal working day. Towards the end of the day the Worker was called to a meeting at 5pm by the Second Trustee. The Second Trustee did not say what the meeting was about. The Worker asked if she could bring two witnesses with her to the meeting. The Worker was informed that she could bring one witness. The First Trustee and the Second Trustee were present in person and the Third Trustee attended the meeting remotely by telephone. The Worker was informed that from 5pm onwards she was dismissed and that a letter would be sent to her explaining the reason for her dismissal. The Worker never received any correspondence from the Employer. The Worker’s witness was not allowed to ask any questions. After the meeting the Worker left the Employer’s premises and she has not been back since.

The Worker was in receipt of illness benefit from the 4th July 2024 until the 13th September 2024 when she took up new employment on a higher wage.  

In response to questions from the Adjudication Officer the Worker confirmed that at the date of dismissal she was on a fixed term contract. Her contract was for an initial period of six months and on the 25th January 2024 her contract was automatically extended for further twelve months.  The Worker accepted that when the Employer asked her to explain the discrepancies in her CV she responded by stating that her solicitor would be in contact with the Employer. She further accepted that her solicitor was never in contact with the Employer. She stated that on the 3rd July 2024 she printed off an email from her most recent previous employers and delivered it to the Second Trustee. She stated that she chose not to forward on the email to the Second Trustee as she wanted to deliver a printed copy.

The First Trustee stated that a number of fixed-term contracts were expiring at the end of July 2024, including the Worker’s. The Employer thought it was a good time to review the CVs of all of its relatively new employees who were up for renewal of fixed term contracts. In the course of the examination of the Worker’s CV a number of discrepancies and conflicting details were noted. The discrepancies and conflicting details were put to the Worker at a meeting on the 1st July 2024 and she stated that they were typographical errors.

After the meeting the First Trustee made contact with the Worker’s previous employers and while one confirmed that the Worker had worked for the company, the second most recent employer had no record of the Worker ever working for its company. The Employer asked the Worker to furnish it with the name and details of the contact person who could confirm the Worker worked for the company and the duration of her employment. The Worker refused to give details of any contact person and responded by stating that her solicitor would be in touch with the Employer however no contact was made by the Worker’s solicitor.

The Second Trustee stated that the Worker did not furnish her with an email from a previous employer on the 3rd July 2024 and that she only received a copy the email from the WRC prior to the hearing.

At the meeting on the 4th July 2024 it was communicated to the Worker that her contract was not being renewed and that she was dismissed with immediate effect. She was paid her one month’s notice pay and outstanding holiday pay.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

It is common case that at the meeting on the 4th July 2024 it was communicated to the Worker that her fixed-term contract was not being renewed and that she was dismissed with immediate effect. She was paid her one month’s notice and outstanding holiday pay.

The Employer sought to rely on the expiry of the Worker’s fixed-term contract as the basis for the termination of employment.

The Worker stated that she was looking to be paid to the end of her fixed-term contract on the basis that at the end of the initial six-month period it automatically renewed for a further twelve month period. She was dismissed on the 4th July 2024 and was entitled to compensation for the remaining six-month period up to the 25th January 2025. 

There was a conflict in the evidence as to whether, on the expiry of the initial six-month fixed term on the 25th January 2024, a further six-month fixed-term contract was granted or whether the Worker was granted a twelve-month fixed-term contract. Taking into consideration the evidence of the Worker and the Employer’s witnesses I conclude on balance that in January 2024 the Worker’s fixed-term contract was extended by six months and not twelve months as contended for by the Worker and that her fixed-term contract end date was the 25th July 2024.

The Worker’s contract of employment provided for pay in lieu of notice and there was no dispute that the Worker was paid one month’s notice in accordance with her contract of employment.

The Employer carried out an extensive review of personnel files and contracts of employment. The Employer requested contact details for previous employers’ from the Worker as none had been supplied. The Worker refused to supply the information sought by the Employer. At a meeting of the Board of Trustees the decision was taken not to renew the Workers fixed-term contract. The Employer was under no obligation to renew the Worker’s fixed term contract. I conclude that the Worker was not unfairly dismissed from her employment with the Employer.