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Unfair Dismissal and Fixed Term Contracts – Maternity Leave Does Not Extend Expiry Date of Fixed Term Contract

In a recent decision from the  Labour Court ( AKINA DADA WA AFRICA v CLAUDIA HOREAU)  in January 2021, the question arose as to whether there was an actual contract of employment in place at the date of dismissal. The employee argued that that she was still an...

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...