Complainant

Respondent

Anonymised Parties

A worker

An Employer

Representatives

Adrian Tennant, Tennant Consulting Ltd

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00064448-001

27/06/2024

The Complainant alleges that her employment ended for some reason other than the expiration of her fixed term contract. The Respondent refutes the allegation.

The Complainant withdrew related complaint – CA 0064448-02

Reply to the Respondent’s Preliminary Objection:

The Complainant accepts that her contract specifically stated that it was a “Fixed Term” Contract commencing on the 22.05.2023 and ending on the 21.05.2024. However, she does not accept that the employment ended because of the expiration of the contract. She doesn’t know why it ended, as it all happened while she was on sick leave.

Her contract was based on funding from Pobal. It was her understanding that despite stating it was a one year contract, it was in fact a five year contract. She did ask about the duration of the contract and was informed that it was one year but that that was “just a formality”.

She had a five year plan for the role and when she interviewed for the position she outlined her five year plan. She left a full -time position for this role and she never would have done that had she known it was only for one year. She was devasted when she was informed on 02.05.2024 that her employment was ending on the 21.05.2024 and the contract was not being renewed. She gave the role her all and worked long hard hours for them.

JN – He was a director at the Respondent entity and was on the interview board. He stated that it was always the intention of the Board to have a five year contract. However, he accepts that the one year contract she was given, was sanctioned by the Board.

TN – She gave evidence on behalf of the Complainant corroborating JN’s evidence that it was the Board’s intention to have a five year contract. She also accepted that the one year contract given to the Complainant was sanctioned by the Board.

First Preliminary Objection:

The parameters and definitions of Unfair Dismissal are well established in law in Ireland. Primarily a complaint for unfair dismissal is comprehended by the Unfair Dismissal Act, as amended, however, to gain the protection of said Act, the employee must have over 12 months continuous service with the employer. This is not the case with the complainant today.

 Knowing that the above Act does not apply, the case is being pursued under Section 13 of the Industrial Relations Act 1969, as amended. However, there are only certain parameters under which a claim for unfair dismissal can be lodged if the employee has less than 12 months service. The WRC, as part of its own information service held that the requirement of one year’s continuous service does not apply where the dismissal results from:

A. an employee’s pregnancy, giving birth or breastfeeding or any matters connected therewith

B. the exercise or proposed exercise by an employee of a right under the Maternity Protection Act,            1994 & 2004

C. the exercise or contemplated exercise by an employee of the rights to adoptive leave, or additional adoptive leave under the Adoptive Leave Act 1995 & 2005

 D. the exercise or proposed exercise by the employee of the right to parental leave, parent's leave or force majeure leave under and in accordance with the Parental Leave Act, 1998, 2006 & 2019, and the Parent's Leave and Benefit Act 2019

 E. an employee’s entitlements, future entitlements, exercise or proposed exercise of rights under the National Minimum Wage Act 2000

F. an employee’s trade union membership or activities g. the exercise or proposed exercise by the      employee of the right to carer’s leave under and in accordance with the Carer’s Leave Act, 2001

 H. an employee employed under a statutory apprenticeship and the dismissal takes place after 6 months of the start date of the apprenticeship, but not in the month following the end of the apprenticeship.

As can be seen from the details submitted by the Complainant in her initial complaint, none of the above apply to her. The Respondent holds that due to the Complainant not meeting any of the requirements to have her dismissal considered unfair and, in turn, allowing it to be then investigated by a third party, that there is no legal premise for the Adjudicator to continue and consider this element of the claim further.

Second Preliminary Objection:

 Notwithstanding and without prejudice to the above objection, the Respondent also would like to address the Complainant’s contract of employment. As can be clearly seen on the front page of the contract, it is titled “Fixed Term Contract 22nd May 2023 to 21st May 2024” Despite any hearsay in terms of any other commitments provided to the Complainant at the time of her appointment, her Contract of Employment could not be clearer in setting out that it is a Fixed Term Contract with a date specified that would see the end of the contract. The WRC’s own guidelines on Dismissal state, inter alia: “The Act shall not apply to a dismissal where the employment was under a contract of employment for a fixed term or specified purpose and the dismissal occurred at the expiry of the term or the cesser of the purpose without its being renewed under the same contract. This is provided that contract of employment specifies that the Unfair Dismissals Act does not apply to the expiry of the contract.” As can be seen from the Contract of Employment under Clause 5.5 “This contract is effective from 22nd May 2023 to 21st May 2024. This is a fixed term contract of employment, and the provisions of the Unfair Dismissals Act will not apply to the termination of the contract on its expiry date”. Therefore, the Respondent similarly holds that as the Complainant ceased her employment with them on the 21st May 2024, and having been told in advance that this would be the case, there is no sustainable claim for an Unfair Dismissal by virtue of her employment ceasing on the date she was told, at the beginning of her employment, that it would.

Some, but not all of this evidence was in conflict between the parties. I have taken the time to carefully review all the evidence both written and oral.  I have noted the respective positions of the parties.   I am not required to provide a line for line rebuttal of the evidence and submissions that I have rejected or deemed superfluous to the main findings.  I am guided by the reasoning in Faulkner v. The Minister for Industry and Commerce [1997] E.L.R. 107 where it was held “…minute analysis or reasons are not required to be given by administrative tribunals...the duty on administrative tribunals to give reasons in their decisions is not a particularly onerous one.  Only broad reasons need be given…”.

Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties under statute.  I can confirm I have fulfilled my obligation to make all relevant inquiries into these complaints."

It is agreed between the parties that the Complainant was given a one year fixed term contract commencing on the 22.05.2023 and ending on the 21.05.2024. It is also agreed that the Board sanctioned the one year fixed term contract. However, both the Complainant and her witnesses, that are Board members, stated that it was their understanding that the actual duration of the role was for five years. No documentary evidence was introduced in relation to that understanding. The fact is, the contract, she knowingly entered into, was a one year fixed term. There was no term in that contract that might have led one to form the opinion that it would be extended. There was no correspondence to that effect either.

I find that the Complainant’s employment ended due to the expiration of her fixed term contract and for no other reason. In the circumstances I am not making any recommendations.

The Complainant’s employment ended due to the expiration of her fixed term contract. In those circumstances I am not making any recommendations.

Fixed Term contract. Non renewal. Termination of Employment.