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Fixed Term Contract + Redundancy

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  • 17-01-2011 8:00pm
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Hi

    I was on a 2 year fixed term contract, renewed after for 1 year and renewed again for 6 months to a total of 3.5 years with the same company.

    After the last contract ended there was no further renewal.

    No reason was given in writing.

    It was a semi state company and they stated that no contracts were being renewed.

    I did not receive any redundancy despite the fact it seems i am entitled to it.

    Does anyone know if I am right to expect redundancy?


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    #2
    qwertz
    Registered Users Posts: 1,726 ✭✭✭qwertz


    I might be wrong but doesn't one become a permanent employee after two continuous years of service?

    Were you a direct employee (on their payroll) or through a 3rd party (agency)?


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    #3
    tinnuvial
    Closed Accounts Posts: 56 ✭✭tinnuvial


    They can't keep you on fixed term contracts for more than 4 years. If they renewed now you'd be entitled to a permanent contract (or contract of indefinite duration) once you'd done a further 6 months. I know they have to give you a reason in writing if they are extending/renewing the fixed term contract but I'm not aware that they have to justify ending one - under the 4 year limit of course.

    You might be entitled to Redundancy since you have more than 2 years service - call NERA for specific advice http://www.employmentrights.ie/en/


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    #4
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    I was employed and paid directly by the company.
    My contract was ended after the last renewal of 6 months so 3.5 years in total.

    I have read the acts and spoken to NERA and others, NOBODY can tell me if I have a redundancy case...they simply say it sounds like it IF it's a genuine redundancy case.

    I have taken a case with the Employment Rights and have my hearing soon.

    I suppose it depends on the reason they give for not renewing my contract?
    Even so they surely had to give me a reason in writing?


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    #5
    Spunk84
    Registered Users Posts: 1,656 ✭✭✭Spunk84


    Yes you are entitled to redundancy, I think it a 106weeks of continuious service and your entitled. I was in the same situation and you 2 months ago and recieved €4000


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    #6
    turtleback78
    Registered Users Posts: 15 ✭turtleback78


    Hey spunk...really? I do hope so, my hearing is tomorrow...but i'm guessing the company solicitors will have some fixed term contract loophole that i've missed! fingers crossed.


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    #7
    Spunk84
    Registered Users Posts: 1,656 ✭✭✭Spunk84


    turtleback78 wrote: »
    Hey spunk...really? I do hope so, my hearing is tomorrow...but i'm guessing the company solicitors will have some fixed term contract loophole that i've missed! fingers crossed.

    Contracts have changed now that we are in the EU , if you 2years or 106 weeks of continuous service and your contract is not renewed this is a dismissal- in my opinion it looks like the Company is trying to stop you from becoming a permanent employee, this is my opinion only. There's no loophole at all even if they have you sign a document saying that you refrain from getting redundancy it is illegal. Tell the company you will bring NERA into the meeting and see what happens:D

    But yes you are required to get it!:cool:


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    #8
    turtleback78
    Registered Users Posts: 15 ✭turtleback78


    I had the hearing

    They only arrived in with the T2 (reply to my T1 claim form) form on the day and neither me nor the tribunal members had seen it, so I was given the option to defer the hearing, which i did.

    So what they say in their challange is this

    1: I was on a Fixed Term Contract, so i.e I'm not entitled to redendancy! I knew they would argue that.

    2: My contract was to work on a specific project which ended.
    Well actually my contract is not specific plus the project they speak of was NOT finished.

    I guess I need to find proof that my work was not done.

    I know I can get legal advise but do NERA or anyone offer representation at hearings?


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    #9
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    turtleback78 wrote: »
    I had the hearing

    They only arrived in with the T2 (reply to my T1 claim form) form on the day and neither me nor the tribunal members had seen it, so I was given the option to defer the hearing, which i did.

    So what they say in their challange is this

    1: I was on a Fixed Term Contract, so i.e I'm not entitled to redendancy! I knew they would argue that.

    2: My contract was to work on a specific project which ended.
    Well actually my contract is not specific plus the project they speak of was NOT finished.

    I guess I need to find proof that my work was not done.

    I know I can get legal advise but do NERA or anyone offer representation at hearings?

    NERA will only offer advice and will only chase the employer if the national laws are been broken ie rest periods, pay rates etc.

    From my experience you are not entitled to any redundancy as you were on a fixed contract that you knew would come to an end. If it was extended that would be at the discretion of the employer as per the job requirements.

    however the period that they gave you in total within the 4 years contract rule is sly and could be argued but the rules on that are pretty clear cut.

    an example is it would be looked unfavourable against an employer if they fired a staff member a week(within the rules) from their one year anniversary of employment


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    #10
    Pineapple stu
    Registered Users Posts: 1,677 ✭✭✭Pineapple stu


    turtleback78 wrote: »
    I had the hearing

    They only arrived in with the T2 (reply to my T1 claim form) form on the day and neither me nor the tribunal members had seen it, so I was given the option to defer the hearing, which i did.

    So what they say in their challange is this

    1: I was on a Fixed Term Contract, so i.e I'm not entitled to redendancy! I knew they would argue that.

    2: My contract was to work on a specific project which ended.
    Well actually my contract is not specific plus the project they speak of was NOT finished.


    I know I can get legal advise but do NERA or anyone offer representation at hearings?

    We had a number of lads on a fixed term contract from 3 months to 1 year etc basically for the duration of the project. If they were still needed when their contract expired it would be renewed for a number of months as the work required. When they wernt needed anymore they were let go and given a payment of around €2000 or so. The payment is to break their service to be honest and if they were taken back on within a few months or so then they would go back down the pay scale. If they had laid them off and not paid them and then took them back on withing 3 to 6 months or so then their service would still be classed as continious.
    I guess I need to find proof that my work was not done.


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    #11
    mursa01
    Registered Users Posts: 6 ✭mursa01


    Hi
    I am in a very similar situation, i been with my company for two and a half years on rolling fixed term contracts, i was told i would be finishing when my last contract ends this month. Im just wondering if i am entitled to redundancy. nera said i should be, so now i need to make a claim to the ea tribunal.

    What was the outcome of your case?


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