girlfriend being let go?????

Spunk84

my girlfriend has worked on a fixed term contract for 3year 2 months and has learned that her contract wont be renewed?:mad:

is this the case were this can happen? she only has 10 months before she is permanent, does the company have to give her a reason why? she was handed a letter to say that it wont be renewed

wat if they say "due to downturn in work" we have no work for you? would that make her qualify for redundancy as the job she has isnt finished as per fixed term contact but due to not enough hours to go round their letting here go?

shes very confused:( any ideas?

Tryst

Has the contract run out? If so i think they can pretty much do what they want.

Spunk84

Tryst wrote: »

Has the contract run out? If so i think they can pretty much do what they want.

her contract runs out 1 november, totally unfair that because the company doesnt want permanent employees, they take to these acts and blame it on recession when she has given 3 years to the company hassle free:mad:

Pablo Sanchez

Spunk84 wrote: »

my girlfriend has worked on a fixed term contract for 3year 2 months and has learned that her contract wont be renewed?:mad:

is this the case were this can happen? she only has 10 months before she is permanent, does the company have to give her a reason why? she was handed a letter to say that it wont be renewed

Are you serious? Your asking if an employer is allowed not to renew a ''fixed term contract''.

You answered your own question.

Spunk84

wow:eek:

im asking for help and all u can do is bitch

F1ngers

Spunk84 wrote: »

my girlfriend has worked on a fixed term contract for 3year 2 months and has learned that her contract wont be renewed?:mad:

is this the case were this can happen? she only has 10 months before she is permanent, does the company have to give her a reason why? she was handed a letter to say that it wont be renewed

wat if they say "due to downturn in work" we have no work for you? would that make her qualify for redundancy as the job she has isnt finished as per fixed term contact but due to not enough hours to go round their letting here go?

shes very confused:( any ideas?

They do not have to renew the contract, nor do they have to give a reason as to why.
They only have to give the notice as detailed in her contract.

Spunk84

F1ngers wrote: »

They do not have to renew the contract, nor do they have to give a reason as to why.
They only have to give the notice as detailed in her contract.

Hi all

Written statement

An employer must provide a fixed-term employee with a written statement as soon as possible, outlining what will trigger an end to the contract. That is, whether the contract will end on a specific date, following completion of a specific task or a specific event. In addition, where an employer intends to renew a fixed-term contract, a written statement must be supplied to the fixed-term employee not later than the date of renewal, setting out the objective grounds justifying the renewal and the failure to offer an open-ended contract.

Employers are obliged to inform fixed-term employees of vacancies for permanent positions. This may be done by means of a general announcement.

Dismissal

When an employee is dismissed at the end of the contract the unfair dismissals legislation applies as normal unless the employer has availed of the provision to exclude the operation of the legislation. To avail of that provision, the employer must put the contract in writing. The employer must include a clause stating that the Unfair Dismissals Acts 1977–2007 will not apply where the only reason for ending the contract is the expiry of the fixed term, or the completion of the specified purpose. Both the employer and the employee must sign the contract.

Redundancy

An employee who has worked continuously for at least 104 weeks under a fixed-term or specified purpose contract may qualify for a redundancy payment when the contract ends.

if you have 104 weeks' service or more with your employer under a fixed-term contract, and this contract expires without being renewed, you are in a redundancy situation and you should be entitled to a statutory redundancy payment.

You can find more information on this on the Department of Enterprise, Trade and Employment website (see section 13): http://www.entemp.ie/employment/redundancy/faq.htm

Graham Long
Citizens Information

so the above isnt accurate?

wmpdd3

Wow that sounds promising, I can't think of which employment rights act the person is referring to so maybe contact him again and ask, the link at the bottom is really only any use if you girlfriend wants to let them let her go and fight for redundancy. If you can find the 1st act then you may be able to argue for an extension of the contract.

loly

Section 9, paragaph 2: Subject to subsection (4), where after the passing of this Act a fixed-term employee is employed by his or her employer or associated employer on two or more continuous fixed-term contracts and the date of the first such contract is subsequent to the date on which this Act is passed, the aggregate duration of such contracts shall not exceed 4 years.
Basically the employer is completely within their rights not to renew the contract again as your gf has not completed 4 years service in the company. Once they have complied with section eight of the Act....
Where an employer proposes to renew a fixed-term contract, the fixed-term employee shall be informed in writing by the employer of the objective grounds justifying the renewal of the fixed-term contract and the failure to offer a contract of indefinite duration, at the latest by the date of the renewal.
A written statement under subsection (1) or (2) is admissible as evidence in any proceedings under this Act.
If it appears to a rights commissioner or the Labour Court in any proceedings under this Act—
(a) that an employer omitted to provide a written statement, or
(b) that a written statement is evasive or equivocal,
the rights commissioner or the Labour Court may draw any inference he or she or it consider just and equitable in the circumstances.

Spunk84

wmpdd3 wrote: »

Wow that sounds promising, I can't think of which employment rights act the person is referring to so maybe contact him again and ask, the link at the bottom is really only any use if you girlfriend wants to let them let her go and fight for redundancy. If you can find the 1st act then you may be able to argue for an extension of the contract.

i think your right. i think people are so easily rolled over these days that once a company says ABC then the employee takes it.

i spoke with citizens advice and NERA and they said contract or no contract once 2 years is over you, you will be treated like an permanent worker or you can take proceedings against them;) but as long as you know what your talking about, so im going to get her shop stewart look into this monday. hope it goes well:cool:

Spunk84

loly wrote: »

Section 9, paragaph 2: Subject to subsection (4), where after the passing of this Act a fixed-term employee is employed by his or her employer or associated employer on two or more continuous fixed-term contracts and the date of the first such contract is subsequent to the date on which this Act is passed, the aggregate duration of such contracts shall not exceed 4 years.
Basically the employer is completely within their rights not to renew the contract again as your gf has not completed 4 years service in the company. Once they have complied with section eight of the Act....
Where an employer proposes to renew a fixed-term contract, the fixed-term employee shall be informed in writing by the employer of the objective grounds justifying the renewal of the fixed-term contract and the failure to offer a contract of indefinite duration, at the latest by the date of the renewal.
A written statement under subsection (1) or (2) is admissible as evidence in any proceedings under this Act.
If it appears to a rights commissioner or the Labour Court in any proceedings under this Act—
(a) that an employer omitted to provide a written statement, or
(b) that a written statement is evasive or equivocal,
the rights commissioner or the Labour Court may draw any inference he or she or it consider just and equitable in the circumstances.

i see but Unfair Dismissals Acts 1977–2007 she is entitled to redundancy,

if the company is stating they no longer require her as they have no work, which in fact is making her job redundant either for time until it gets busier or to bring someone else in? so the company is stating no work/ no contract but her job is 24/7 so even if it does die down they still need a person to work her job....

The feeling i get from talking to her co-workers is that she is coming up on permanency and they want to break her contract.... but as if been told if they do let her go stating no work/no hours then her job is redundant?

this is my understanding but if wrong please correct as more info would be good

loly

Unfortunately as far as I can make out what info is given above, the employer has been prudent and adhered to legislation. If the employer has failed in their obligations, you can bring her case to the rights commissioner but if she has received contracts each time the fixed term contract was renewed and reasons outlined for not giving her a contract of indefinite duration was outlined, I can't see any reason your gf would have a case.

empirix

yep happened to me a while ago too, nothing can be done, she will get statutory redundancy though, few grand thats all. :rolleyes:

loly

Spunk84 wrote: »

i see but Unfair Dismissals Acts 1977–2007 she is entitled to redundancy,

if the company is stating they no longer require her as they have no work, which in fact is making her job redundant either for time until it gets busier or to bring someone else in? so the company is stating no work/ no contract but her job is 24/7 so even if it does die down they still need a person to work her job....

The feeling i get from talking to her co-workers is that she is coming up on permanency and they want to break her contract.... but as if been told if they do let her go stating no work/no hours then her job is redundant?

this is my understanding but if wrong please correct as more info would be good

Is her employer honouring her contract until the end date as stated on her contract? If not, they may have shot themselves in the foot indicating they have no work ie the position she currently holds no longer exists. Once she has 104 weeks service she may be entitled to redundancy which would equate to two weeks per year of service plus a bonus week with a cap of €600 per week. This is not taxable. However, they can't let her go and then re-hire someone else straight away or after a few weeks into the same position. This is my understanding of the legislation. Have a look at statutebook.ie

Spunk84

empirix wrote: »

yep happened to me a while ago too, nothing can be done, she will get statutory redundancy though, few grand thats all. :rolleyes:

so she will get statutory then? alot of postive and negative posts about it, so tats i wanted to clarify it,cheers:p