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  • 07-10-2010 11:34am
    #1
    elizabrown
    Registered Users, Registered Users 2 Posts: 8 ✭


    if anyone can help i would greatly appreciate it. i feel i am covered under fixed term act 2003 but i am getting all sorts of different advice. i hav worked for HSE funded company for close to seven years. from 2004 until end 2006 i was on a locum contract but working full hours most weeks. from oct 2006 i have been on so called specific purpose contacts - covering two maternity leaves a career break and carers leave and job share. now i am being told the person im covering for is coming back and being offered part time hours. this is not financially viable for me. HR tell me i am entitled to a contract of indefinite duration only when the person i cover resigns. NERA tells me my contracts are fixed term ones and i am more then entitled to indefinte contract. my solicitor tells me the same but union are say HR are right but will not put on paper that i am not entitled to a contract of indefinite duration. if anyone has any knowledge on this situation i would really appreciate their help as im extremly stressed at prospect of losing half my income. thanks


Comments

  • #2
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Firstly, we don't do legal advice here.

    That being said, it is likely the case that there is confusion over whether you are in a contract for service or a contract of service and it's impossible to tell from the information you've provided what the answer is likely to be.

    There are other issues here such as how/why they are able to offer the woman returning from leave part-time hours in the first place - they usually cannot do this, but maybe she asked for it?

    Now, it is likely that HR and your union are correct based on the very limited information you have provided, but what you need to do is see a solicitor that is mainly doing employment law.

    9/10 on this forum we can say that most solicitors ought to be competent in most areas and will do a good job, but this is a case where I would at least get an opinion from a good employment law solicitor. They should be able to tell you right away if you have a case or not.


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