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 employment had come to an end in May 2013 in accordance [...]

By |2019-10-18T10:25:57+00:00November 17th, 2014|Employment Appeals Tribunal Decisions November 2014, Fixed Term Workers, latest news, Litigation, Unfair Dismissal|Comments Off on Fixed Term Worker – Was backdated contract an attempt to avoid the Unfair Dismissal Acts?

Fixed Term Workers, Discrimination, Objective Grounds and Appeal to High Court

The recent High Court case of An Post v Finbarr and Deirdre Wade [2013] IEHC 404 concerned an appeal from a Labour Court decision determining that the respondent's right to equal treatment had been contravened by the exclusion of fixed term workers from a voluntary early retirement scheme. Background The [...]

By |2019-10-18T10:21:03+00:00October 23rd, 2013|Appeal, Fixed Term Workers, High Court, Labour Court, Labour Relations Commision, latest news, Litigation, Redundancy|Comments Off on Fixed Term Workers, Discrimination, Objective Grounds and Appeal to High Court

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 Equality Acts ("the Acts"). He also made a [...]

By |2019-10-18T10:20:10+00:00June 19th, 2013|Age Discrimination, Discrimination, Equality, Equality Authority, Equality Tribunal, Equality Tribunal decisions May 2013, Fixed Term Workers, latest news, Litigation, retirement age, Victimisation|Comments Off on Retirement Age, Fixed Term Contracts and Discrimination -One Year’s Salary awarded

Fixed Term Workers, Contracts of Indefinite Duration and an Order for Re-engagement

The recent case of HSE and Abdel Raouf Sallam FTC/12/19 delivered on 17th January 2013 concerned an appeal by the Claimant Dr Abdel Raouf Sallam against a decision of a Rights Commissioner in his claims against the Health Service Executive ("HSE") concerning infringements of sections 6, 8, 9, 10 and 13 of the Protection [...]

Fixed Term Work & Penalisation – Labour Court varies Rights Commisioner decision and awards reinstatement

The recent case of The Teaching Council v Kirwan FTC/12/15 concerned an appeal by an employer and a subsequent cross appeal by the employee against a Rights Commissioners decision that the employer had breached Section 13 of the Protection of Employees (Fixed Term Work) Act 2003 ("the 2003 Act") by dismissing the [...]

By |2019-10-18T10:16:40+00:00October 16th, 2012|Fixed Term Workers, Labour Court, Penalisation, Uncategorized|Comments Off on Fixed Term Work & Penalisation – Labour Court varies Rights Commisioner decision and awards reinstatement

EAT Decisions sent 23.08.12 – Fixed term employee and redundancy – cessation of purpose of role

In the case of Nora Doyle v Department of Education and Donard National School UD 390/2012, RP 681/2011 the claim of unfair dismissal was withdrawn at the outset and the case focused on the issue of redundancy and entitlements when employment for a particular purpose ceased. Background The Principal of the [...]

By |2019-10-18T10:16:20+00:00August 27th, 2012|Employment Appeals Tribunal Decisions 23rd August 2012, Fixed Term Workers, Redundancy|Comments Off on EAT Decisions sent 23.08.12 – Fixed term employee and redundancy – cessation of purpose of role

Labour Court Fixed Term Worker decision – DIT v Stephen Nealon – Labour Court No. FTD 126

The Dublin Institute of Technology v Stephen Nealon, Determination of the Labour Court No FTD 126 Although the determination was issued on 17th February 2012, it is always useful to look at judgements in this complex (but seemingly straightforward) piece of legislation, namely the Protection of Employees (Fixed Term Work) [...]

By |2019-10-18T10:16:01+00:00July 8th, 2012|Fixed Term Workers, Labour Court|Comments Off on Labour Court Fixed Term Worker decision – DIT v Stephen Nealon – Labour Court No. FTD 126