Contract Query

AtticusFinch86

My sister lives and works in a non profit in Dublin. She has worked here for a number of years. Initially she took the odd shift here and there but for the last 18 months she's been working full time.

Recently she received an official contract outlining the terms of her employment, which stated that the contract will expire in 3 months and that any full time contract beyond that would be dependant on funding. My question is, legally, has she any protection? She's an exemplary employee but doesn't have a great working relationship with her line manager for reasons I won't go in to. She believes this "contract" is an attempt to push her out.

My laymans understanding is that a non-renewal of a contract is tantamount to a dismissal in the eyes of the law. And as such, the employer would need to demonstrate that the dismissal was fair?

Diceicle

She has worked relatively continuously for this company - with no extensive breaks - for over 3 years and has been full-time for the last 18 months; but presumably has no existing contract, save for the 3 month one on the table now?

AtticusFinch86

Diceicle wrote: »

She has worked relatively continuously for this company - with no extensive breaks - for over 3 years and has been full-time for the last 18 months; but presumably has no existing contract, save for the 3 month one on the table now?

Yes, she's worked continously for the last 18 months or thereabouts. I believe most of the rest of the staff are on contracts also but they would have expired some time ago.

IITYWYBMAD

AtticusFinch86 wrote: »

My sister lives and works in a non profit in Dublin. She has worked here for a number of years. Initially she took the odd shift here and there but for the last 18 months she's been working full time.

Recently she received an official contract outlining the terms of her employment, which stated that the contract will expire in 3 months and that any full time contract beyond that would be dependant on funding. My question is, legally, has she any protection? She's an exemplary employee but doesn't have a great working relationship with her line manager for reasons I won't go in to. She believes this "contract" is an attempt to push her out.

My laymans understanding is that a non-renewal of a contract is tantamount to a dismissal in the eyes of the law. And as such, the employer would need to demonstrate that the dismissal was fair?

If she has been working for the company and getting a regular wage, she already has a contract of employment. The law says this period has to be 2 months, but typically a period of 12 months is the one against this is measured.

Contracts do not have to be written.

What they seem to be proposing is a "fixed term" contract and her employment can/should end after the 3 month period.

As she already has a contract in place, she should request her current terms in writing. It is a requirement that her employer provide this in a reasonable amount of time.

Misguided1

I tend to agree with Atticus on this.
In the absence of any written contract, it is reasonable of her to have assumed that the contract is of indefinite duration.
The new proposal (timing-wise) would end suspiciously close to the period at which she would potentially have a legitimate redundancy claim.

Back to your question as to whether she has any legal protection, she would be covered by the Unfair Dismissals act with more than 12 months service.