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Fixed Term Worker – Was backdated contract an attempt to avoid the Unfair Dismissal Acts?

The case of Gerard Kemmy v Amgen Technology (Ireland) t/a Amgen [UD1979/2013] concerned a claim for unfair dismissal in respect of a fixed term work contract. Preliminary Issue By way of preliminary submission, the respondent contended that the claimant’s...

Fixed Term Contracts, Funding and Unfair Dismissal

In last month’s reported employment appeals tribunal cases, the tribunal was asked to consider in Patrick Fournet v NUI Galway UD 1262/2011 MN 1367/2011 whether the claimant had been unfairly dismissed from his post when funding ceased for his role. Background...

Retirement Age, Fixed Term Contracts and Discrimination -One Year’s Salary awarded

In the recent equality tribunal decision of Michael McPhillips v ISS Facility Services (DEC-2013-042) the complainant argued that he was subjected to discriminatory dismissal by the respondent on the grounds of age contrary to Section 6 of the Act of the Employment...

Unfair Dismissal due to ambiguity in contract and legitimate expectation

Although a relatively short decision the recent case of Daniel Monk v Thurles Greyhound Racing and Sports Association Limited UD 410/2011 MN 396/2011 highlights the importance for employers of ensuring the terms and conditions of employment are properly drafted and...