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Employment contract

  • 29-08-2012 12:26pm
    #1
    muckwarrior
    Registered Users, Registered Users 2 Posts: 4,099 ✭✭✭


    If a person signs a 12 month employment contract, but then the employer says they made a mistake and can only offer a 6 month contract, does the person have any recourse?


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    I am noticing a few questions on employment contract law. The problem is anyone who could answer a specific question on an employment law, won't answer such a question without reading the said contract, the job offer letter, the job advertisement, and any and all communication between the parties.

    So in answer do you have recourse, maybe, best bet is seek out the services of a solicitor and give that person all the information he requires.


  • #3
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    muckwarrior wrote: »
    If a person signs a 12 month employment contract, but then the employer says they made a mistake and can only offer a 6 month contract, does the person have any recourse?

    Not a legal opinion just maybe some advice from a practical stand point. Lets assume there is The Contract Offer Act that says once an employer offers a contract they have to honour it. Now lets say you quote that and the employer gives you a 12 month contract. What is going to happen at the end of that 12 months? Most likely they are going to say good riddance and let you go.

    If you show some flexibility now - perhaps they may keep you on. At worst you've had a job for 6 months in which you can find a better one. Perhaps even use this as leverage if you need to get out of it early.


  • #4
    amen
    Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭amen


    ianal but in the first 12 months an employer can let you go without notice/reason.

    So all he has to say is fine I honour your 12 month contract then 6 months in say oops its not working out bye bye!


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    amen wrote: »
    ianal but in the first 12 months an employer can let you go without notice/reason.

    So all he has to say is fine I honour your 12 month contract then 6 months in say oops its not working out bye bye!

    What if it's a fixed term contract. Without seeing the contract neither of us know if it would be possible to dismiss the person before the end of the year. So while the employee may not be able to invoke the EAT legislation they may very well be able to invoke the jurisdiction of the Courts in basic contract law.


  • #6
    muckwarrior
    Registered Users, Registered Users 2 Posts: 4,099 ✭✭✭muckwarrior


    Lets say this person was a teacher and that instead of the 12 month contract that they signed they were only getting a temporary 6 month maternity contract.

    In any case, this hypothetical person has now just accepted the situation, although is understandably pissed off as they had just spent money that they wouldn't have if they weren't under the impression that they'd be in full term employment for at least a year.


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