Fixed Term Contract - Dismissal during certified sick leave

LegacyUser

I'm on a 12 month contract since December 2010, working as a contractor in a 4 man team in a multi-national company. I had no mention of anything contract related since I hit and subsequently went beyond my 12 months in December 2011.

I requested 3 weeks holidays at the end of April / start of May - they were approved.

A couple of weeks ago I fractured my wrist (re-aggravated an old injury) and I had been out for approximately 1 and a half weeks on doctors orders while I wore a cast.
After taking my cast off to reassess, my doctor stated I would need an operation so booked me in as soon as he could.

Since my cast was off, I requested him to declare me fit for work if he thought it was ok for the few days leading up to my operation so as to not leave work in the lurch for any longer than needed. He did and so I worked last Thursday, Friday and today (Monday).
My medical note stated why I was out for the week and a half and it also stated that, following Tuesday operation, I would be unfit for work for a minimum of 4 weeks.

I brought this note in and emailed it onto my bosses on Thursday and everything seemed ok.
I was met by my boss today who, after listening to the ins and outs of my injury/operation etc, told me that unfortunately she would not be renewing my contract and that it had nothing to do with my injury or previous misdemeanours (I had a few reprimands for being late, but never anything in writing or a verbal warning).

So after stating this was 'effective immediately', she has given me 30 days notice despite the fact that I'm medically certified unfit to work for the next 30 days.
She requested I told none of my colleagues about this so... effectively, I've finished out my last day in complete silence without even getting to say goodbye to about a dozen people.

In our 4 man team, I'm working there the longest and someone was also recently hired a few months ago who has still not completed their probationary period so to say I was shocked at today's events would be an understatement.

Is this normal carry on?
Can they serve me my notice of termination despite the fact I've already declared that I'm going for an operation and will be out for the period of time my notice falls in?

This is very confusing and my head is a little messed up as it is so any advice is appreciated as I can't find anything exactly relating to my scenario online.

Eoin

Certified sick leave doesn't really give you any protection in employment.

But I'm not sure that's even a factor if you're on an expired contract? What do the terms of it say with regards to terminating it?

LegacyUser

Well, my point was that, say for example I declared I was pregnant on Monday and I would be due paid maternity leave, then my employer states on the following Tuesday that they have decided I was going to be let go - but strongly states that it has nothing to do with my pregnancy declaration?

Is that a bit iffy? Or is the fact that my contract had expired before this situation occurred kind of given them the ability to do this?

It's also worth noting that, despite my contract expiring in December, I have been continuing working at the same rate and so on, and I've had holidays approved for April/May of this year.
So this happening today comes as a real surprise and completely out of the blue.

Would the fact that, in the next 11 or 12 weeks, I will only be fit to work 3 or 4 of week and the remaining time I will be on my 3 week vacation days an issue possibly?

RE terms of termination ... I haven't been given anything in writing so far over this but my employee handbook just states the amount of notice they're obliged to give and so on.
Being sick prior to being given your notice is a bit of an exceptional circumstance I'd imagine so nothing is mentioned about that in the handbook.

Mrs OBumble

I know of one multinational that's lost a big contract recently, talking about people being made redundant etc. Dunno if that has any impact. But PM me your company / team if you think it might be relevant.

LegacyUser

Thanks JustMary, but its not related to redundancies etc.

I'm working in a team of 4 and I've just gone beyond my 12 months whereas the other 3 have not and they're completely unaffected.
1 of the other 3 is actually only recently hired and is still on probation but following my declaration that I will be on sick leave for at least 4 weeks, I was handed my notice the day before I went in for my operation.... so my notice period is being served with my 4 weeks sick leave.

This suits my employer as well because the social welfare will pay €184 per week while I'm sick and work only have to pay the remainder... so they're actually saving themselves money doing this.

ninjasurfer1

Op, I could be wrong, but, given that your contract expired, but you remained employed, it may give you grounds for follow up with your boss:

From :
http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/fixed_term_or_specified_purpose_contracts.html

The Unfair Dismissal Acts 1977–2007 contain a provision aimed at ensuring that successive temporary contracts are not used in order to avoid that legislation. Where a fixed-term or specified-purpose contract expires and the individual is re-employed within 3 months, the individual is deemed to have continuous service.
Therefore, even where an employer excludes the unfair dismissals legislation in the manner described above, a Rights Commissioner or the Employment Appeals Tribunal will consider whether the use of such contracts was wholly or partly to avoid the employee having the protection of the unfair dismissals legislation. If it is considered that this was the case and the contracts were not separated by more than 3 months and the job was at least similar, then the case can be dealt with as if there was continuous employment and the employer will be required to justify the dismissal in the normal manner.

Something similar happened in my company, where termination notice was not given prior to the contract expiration, and the person ended up having their one year contract renewed for another year.

Bandana boy

Dismissed_and_sick_leave wrote: »

Well, my point was that, say for example I declared I was pregnant on Monday and I would be due paid maternity leave

Your company does not have to pay you maternity leave and if you are on a contract they have no obligation to keep a job open for you while you have the baby.The state pay a portion of your salary while you are on maternity leave(if you have sufficient PRSI contributions) and while many companies top that up to your full salary they are not obligated to do this(although there may be a case for precedence or if it is stated in your contract).

With regards ending your employment while out of contract, that is their discretion, I do not believe your ability to work or not in that time period would come into play.Also I think strictly speaking they are not obligated to pay you your notice if you are not fit to work that notice.

All that said, it seems pretty lousy that they managed the whole affair in this manner,particularly not allowing you to say farewell to a team you worked over a year with.
You should have some entitlements to a state payment if they do not pay you during your notice period.