Redundant - New Position at old workplace

GoldWings

Registered User
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Dear all.

I was made redundant in June 2011. I had worked 4 and a half years on fixed term contracts. For the last 6 month contract I signed a document (objective grounds) to state that I basically wasn't looking for a contract of indefinite duration (CID).

Some other colleagues brought the employer to the Rights Commissioner and won their CID. i don't think I would have won as my position wasn't as important as theirs - those employees were either paid out of core funds or were/are in a position to win a lot of funding from various bodies to perform research projects. I was merely a drone working on one of the projects paid by external funds.

That's neither here nor there - my point is to highlight that the employer wanted to avoid giving out CIDs and was willing to get rid of employees left right... and centre and unless you fought, you lost out on your job! By the way, my previous job was re advertised under a new title - exact same job!

Now I know that there are new projects coming up with a year contract each. I have been out of work for 13 months now and am eager to get back! One of the position will have elements of my previous roles and I know I would be a good candidate. I have been told that HR will not be taking on people that have previously worked there.
I don't know any more info than that at the moment.

But my question is - can this be legal? I don't know enough about employment rights but, this doesn't sound like equal rights!
Does anyone have any experience of this happening?

As I said, I don't know enough right now - I am going to apply and if I don't get chosen, I will query.

It just doesn't sound right!
 
Yes, it is legal. Employer under no obligation to rehire previous employee.
 
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Thanks - but to clarify, can they exclude my application just because I worked there previously? I parted on good terms etc.
 
Thanks - but to clarify, can they exclude my application just because I worked there previously? I parted on good terms etc.

No. I think the reason they are seeking to exclude you is because your previous service may be reckonable for calculation of a CID.
 
Well that doesn't sound legal

If I apply and my skillsets, experience and qualifications suit the job description, surely I would have to be called for interview.
 
No. I think the reason they are seeking to exclude you is because your previous service may be reckonable for calculation of a CID.

Im not so sure. Im pretty sure you have to have 4 years uninterrupted service. The fact that he no longer works there would render his CID and any calculations in relation to previous employment there null and void
 
Well that doesn't sound legal

If I apply and my skillsets, experience and qualifications suit the job description, surely I would have to be called for interview.

The company is under no obligation to call anyone for an interview. It's not illegal and it's not discrimination.
 
Well that doesn't sound legal

If I apply and my skillsets, experience and qualifications suit the job description, surely I would have to be called for interview.


You maybe over complicating the situation. Apply for role, and do the interview.

There are numerous reasons they may choose another candidate.

You were made redundant, this will terminate your service record.

I assume it was mandatory redundancy ??
 
Im not so sure. Im pretty sure you have to have 4 years uninterrupted service. The fact that he no longer works there would render his CID and any calculations in relation to previous employment there null and void

Not necessarily. There have been plenty of Labour Court/Rights Commissioners decisions that have ruled that a break in service is not really a break where an individual has gone back into a similar role even if there has been a reasonably long interregnum...
 
IIRC correctly some Rights Commissioners have ruled that breaks as long as two years were not considered as real 'breaks'...
 
It sounds like the redundancy may not have been a genuine redundancy situation. This could get them into big trouble, if they availed of the usual state subsidy to insurance payments.
 
It sounds like the redundancy may not have been a genuine redundancy situation. This could get them into big trouble, if they availed of the usual state subsidy to insurance payments.

I'm not aware of a state subsidy for redundancy payments. Can you elaborate please?
I thought employers could only claim from the insurance fund they pay into.
 
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