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Still in employment after end of fixed term contract

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  • 05-03-2012 2:15pm
    #1
    Jimbo_Jones82
    Closed Accounts Posts: 3 ✭


    Hi All,

    Just after a little advice.

    I have been in continuous employment with the same employer on rolling fixed term contracts since Sept 2009.

    The last contract they had for me ended in on the 1st of December 2011 so I have effectively been working without a valid contract since.

    They did not write to me or inform me prior to the 1st of December 2011 what they intended to due with my contract.

    Seeing as my contract has expired can they now simply terminate my employment at their discretion? Can they simply tell me not to come in to work without notice or do they, at the very least have to give me the notice period as outlined in the contract? (1 month)

    By employing me for the last 3 months without a contract has this strengthened or weakened my position with regards to an unfair dismissal claim?

    Thanks in advance for any advice.
    Tagged:


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  • Options
    #2
    Jimbo_Jones82
    Closed Accounts Posts: 3 ✭Jimbo_Jones82


    Also, they cannot find a copy of the contract with my signature on if that makes any difference?


  • Options
    #3
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    The contract usually has a provision in it which details what happens at the end of the contract, but it doesn't always.

    If the employer has continued to employ you after the termination of your last contract, then a court would typically assume that the provisions of the previous contract remain in effect.

    Legally as you have been working there between 2 and 5 years, you are entitled to a minimum of 2 weeks' notice, but if your previous contract said a month, you could argue for a month.

    Each new contract is considered a continuation of the previous employment, not a new employment. So you are entitled to avail of the unfair dismissals act if the employer decides to let you go, but it may get messy if you waived your right to that in your last contract.

    You should have your own copy of your contract, have you looked for it?

    NERA would be the best to answer your questions on this.


  • Options
    #4
    Jimbo_Jones82
    Closed Accounts Posts: 3 ✭Jimbo_Jones82


    Thanks Seamus,

    I have a copy and there is no provision within the contract which details what happens at the end of the contract.

    My last fixed term contract was for a period of 7 months, is it likely a court would therefore presume that as I have been working without contract since December 1st the company has therefore entered into a new 7 month contract from this date?

    Im in the process of getting professional advice so just looking to educate myself with as much information as possible in the mean time.

    Thanks again


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