Fixed Term Contracts for 5.5 years??

Hi all,

I really hope someone can offer me some advice as I really am at my wits end. I started work with my current employer on 2 June 2004. Since then, I have been working with the same company on successive fixed term contracts which have never been broken - so I have about 5.4 years continuous service.

I am aware of the provisions of the Fixed Term Workers Act 2003 which prohibit employers from keeping employees on rolling contracts unless there are objective grounds for doing so. My employer has never informed me of any objective grounds (until today) for offering me a fixed term contract and I have had dozens of contracts ranging from 1 month to 3 months, and 6 months to a year!

I raised this issues with my HR Dept. last January and was effectively ignored. About three weeks ago, I received a letter from the head of HR telling me and other contract staff in the company that due to the precarious financial situation the company finds itself in, we might shortly be given notice that our contracts would be terminated. I immediately contacted my union rep. who told me to write back to the company quoting the Fixed Term Workers Act 2003 and informing them that I should now be on a contract of indefinite duration. Today, I came to work and received a letter telling me that my current contract which expires on Oct. 30th has been extended till Nov. 27th, but during this time notice of one week may be served. For the first time ever, the company stated that 'the reason a temporary contract is being offered is that we are currently in discussions with our union on cost cutting measures.' Surely they can't just give objective grounds for keeping me on a fixed term contract now, when I should have become a permanent employee after four years service?

I really just feel lost with all of this. Each time I have contacted my union about this, they tell me to just write to the company, but that is getting me nowhere. The union seem to have bigger fish to fry at the moment as well, but I am looking at potentially losing my job in a few weeks so this is a huge deal to me! I would really appreciate it if anyone out there could offer me any advice on all this - please help me!!

Your union is not serving you well. Go and see a solicitor who specialises in employment law. The company cannot suddenly invent a reason for the fixed duration - effectively you are on a permanent contract. If they want to dismiss you they have to follow due process. But you need a solicitor to write a letter to the employer.

Thanks for that. My head is in such a spin at the minute they even have me questioning if I interpreted the legislation correctly!!

name and shame the union involved, this is simple/ basic legislation, they must have an objective ground for not keeping you on... worst case its unfair dismissal with max 2 years salary AFAIK.

At a minimum you are entitled to a redundancy payment. Talk to a solicitor. You union is probably too busy causing chaos elsewhere to take account of your issue.

Deas said:

At a minimum you are entitled to a redundancy payment. Talk to a solicitor. You union is probably too busy causing chaos elsewhere to take account of your issue.

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Or it could be that the OP's union is busy with bigger fish as the OP puts it.

"For the first time ever, the company stated that 'the reason a temporary contract is being offered is that we are currently in discussions with our union on cost cutting measures.'

Your union are not serving you well as another post stated. You should be on a contract of indefinite duration after 4 years. You can lodge a complaint with the Labour Relations Commission but it may take some time for a hearing. http://www.lrc.ie/
Definitely go seek legal advice from a solicitor. If your employment is terminated you are entitled to the same redundancy/ex gratia payment as if you had been a permanent employee. Best of luck.

I have been employed in the Public Sector on a fixed term contract of three years which will be up in Feb 2010. It was brought to my notice about 18 months ago that permanent people holding the same position as myself were getting an onsite subsistance allowance. I followed this up and eventually in January of this year I was given the allowance starting from Jan this year. I did not look for the allowance to be back dated becaues I thought I might have a future career in the job.
This has changed now with the recruitment embargo in the public service. I have asked my department head can I have my subsistance reimbursed for the period that I did not receive it and he said I was not entitled to it. Where can I go from here before my contract is up? Please don't tell me to go to the union. They are clearly not interested in helping those on contracts.

zyxw said:

I have been employed in the Public Sector on a fixed term contract of three years which will be up in Feb 2010. It was brought to my notice about 18 months ago that permanent people holding the same position as myself were getting an onsite subsistance allowance. I followed this up and eventually in January of this year I was given the allowance starting from Jan this year. I did not look for the allowance to be back dated becaues I thought I might have a future career in the job.
This has changed now with the recruitment embargo in the public service. I have asked my department head can I have my subsistance reimbursed for the period that I did not receive it and he said I was not entitled to it. Where can I go from here before my contract is up? Please don't tell me to go to the union. They are clearly not interested in helping those on contracts.

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Refer this to the Rights commissioner - you can contact them through the labour court I believe, and call them for advice on how to put in a claim.