Query re fixed term and fixed salary contract

LegacyUser

The situation is this:

I joined my current employer (public sector) 4.5 years ago. At the time I was employed on a fixed-purpose contract with a fixed-salary.

I was given a contract of indefinite duration recently on the same terms which could mean that I would never be entitled to increments.

I believe that the contract I signed when I initally joined may have contravened the 2003 fixed term employees act as I was being treated less favourablly than a permanent position as I was not entitled to increments.

I have spoken to Personnel and they believe that my initial contract is watertight and that the conditions of that contract carry over to my contract of indefinite duration. I think that there are not reading the legislation correctly.

Has anyone been in a similar situation or what are peoples opinions??

grisduntled

phoenix999

I'm afraid you are now no long considered a Fixed Term Worker so you cannot make a claim under the 2003 Act. A CID is awarded on the basis that it simply matches the terms you previously had, you will not be awarded better terms with a CID. The Labour Court simply would not entertain the claim. The only other option you would have is to make a claim under the Industrial Relations Act for unfair treatment, but it's a long shot. And it would depend whether people working with you have same job title and if they get increments etc. Might be worth speaking to someone who specialises in Employment law.

LegacyUser

I agree that I can no longer be considered a fixed-term worker. However if the terms under which I was initially employed breach the 2003 act then surely the contract I signed when I was given CID would also need to be amended accordingly??

I am not looking for better terms because I now have a CID. I am looking for better terms because I believe that the contract I was initially awarded as a fixed term worker was in breach of the act (in my opinion).

In retrospect this is an issue I should have raised whilst I was still a fixed term worker but I was led to believe my contract was on shaky ground and didn't want to rock the boat at the time.

phoenix999 wrote: »

I'm afraid you are now no long considered a Fixed Term Worker so you cannot make a claim under the 2003 Act. A CID is awarded on the basis that it simply matches the terms you previously had, you will not be awarded better terms with a CID. The Labour Court simply would not entertain the claim. The only other option you would have is to make a claim under the Industrial Relations Act for unfair treatment, but it's a long shot. And it would depend whether people working with you have same job title and if they get increments etc. Might be worth speaking to someone who specialises in Employment law.

phoenix999

I agree it sucks. Universities give contracts to researchers who do the same work as lecturers etc. but they do not get increments etc. even though it is public service. I'm afraid the fact that others in your office get increments means nothing now because you agreed to the initial contract and accepted the CID. It's a binding contract. I have been through something similar. Spent a lot of money on useless solicitors and ended up with no job at the end of it. However, you have a bit of security now with the CID so if might be worth putting in a complaint to the Labour Relations Commission (www.lrc.ie) under the Industrial Relations Act. The website explains the whole process. Or better still join a Union and get them to do the work for you.

grisduntled wrote: »

I agree that I can no longer be considered a fixed-term worker. However if the terms under which I was initially employed breach the 2003 act then surely the contract I signed when I was given CID would also need to be amended accordingly??

I am not looking for better terms because I now have a CID. I am looking for better terms because I believe that the contract I was initially awarded as a fixed term worker was in breach of the act (in my opinion).

In retrospect this is an issue I should have raised whilst I was still a fixed term worker but I was led to believe my contract was on shaky ground and didn't want to rock the boat at the time.

LegacyUser

phoenix999 wrote: »

I agree it sucks. Universities give contracts to researchers who do the same work as lecturers etc. but they do not get increments etc. even though it is public service. I'm afraid the fact that others in your office get increments means nothing now because you agreed to the initial contract and accepted the CID. It's a binding contract. I have been through something similar. Spent a lot of money on useless solicitors and ended up with no job at the end of it. However, you have a bit of security now with the CID so if might be worth putting in a complaint to the Labour Relations Commission (www.lrc.ie) under the Industrial Relations Act. The website explains the whole process. Or better still join a Union and get them to do the work for you.

I still can't see how a contract could possibly contravene legislation, even if I did agree to it by signing it. Thankfully I'm in a union and have made an appt to meet the rep tomorrow so I'll see what they say. Will post after the meeting to let you know their opinion. Thanks for your advise pheonix999.