permanency PS

kitvit

Hi,

i have being in working in the public sector in the same place for over 5 years. i first started back in 2004 and in that time i have left twice and come back, i was originally with an agency but have been employed directly with them in the past year. between the agency and them i have clocked up 5 years in the same job. I'm in a fixed term contract at the minute.
So the question is am i entitled to permanency?
My employer is very happy with me as i am very reliable and hard worker and i know i wouldn't be let go or anything but i'd still like to know if i'd be entitled to permanency after so much time served

Thanks

Mrs OBumble

I doubt it.

You change employer's, remember.

I don't think that fact you were in the same desk the whole time makes much difference.

tatli_lokma

because you left twice and re-joined (both times via an agency) neither of these periods can count towards continuous employment. Plus as Just Mary says, you changed employer so again, your previous service with the agency can't count towards your continuous employment.

For your current fixed term then at the end of your contract you must be either offered a new contract (can be fixed term or permanent) or 1 months notice prior to the expiration of the contract that your contract will not be renewed. If you work even 1 day over the end of the contract then automatically you become a permanent employee.
If they decide to issue you with a new contract for a further fixed term they must give a valid reason as to why a second fixed term contract is being issued rather than a permanent one.

After 4 years continuous employment then you are automatically a permanent employee, regardless of whether or not you get a new contract.

In the meantime, I would be prepared for the fact that you might get another fixed term contract when this one expires, mainly due to the moratorium on PS employment.

kitvit

Thanks Little Ted, very informed post

petersburg2002

You can check out some previous Labour Court cases below which dealt with people seeking permanency (Click on the link 'By Case Number' and then on the next page click the link 'FTD'). Lot of variation in the individual cases:

http://www.labourcourt.ie/labour/labour.nsf/LookupPageLink/HomeRecommendations