Employment Law Query

DulchieLaois

Hi All,

Can anyone help on an employment query in relation to my wife

Shes work Full-Time as Team Leader in her job.

Her company has given her a part time contract role (every 6 months) in another department which is incorporate in her every day work and is paid for this and she has been doing this for over a year.

She combines both jobs every day and is paid the 1 salary which is her regular pay and part time pay.

If she was to go on Maternity leave in the future, she will most likely will lose the part time job which she quite enjoys.

Do she have any protection in relation to employment law that she can keep her part time role if she was to return to her work after maternity cover ??

Is there a period of time whereas that the part time role becomes part of her full time duties ??

Ta

The_Conductor

Article 9 of the Protection of Employees (Fixed-Term Work) Act 2003 states:

9.—(1) Subject to subsection (4), where on or after the passing of this Act a fixed-term employee completes or has completed his or her third year of continuous employment with his or her employer or associated employer, his or her fixed-term contract may be renewed by that employer on only one occasion and any such renewal shall be for a fixed term of no longer than one year.


(2) Subject to subsection (4), where after the passing of this Act a fixed-term employee is employed by his or her employer or associated employer on two or more continuous fixed-term contracts and the date of the first such contract is subsequent to the date on which this Act is passed, the aggregate duration of such contracts shall not exceed 4 years.


(3) Where any term of a fixed-term contract purports to contravene subsection (1) or (2) that term shall have no effect and the contract concerned shall be deemed to be a contract of indefinite duration.


(4) Subsections (1) to (3) shall not apply to the renewal of a contract of employment for a fixed term where there are objective grounds justifying such a renewal.


(5) The First Schedule to the Minimum Notice and Terms of Employment Acts 1973 to 2001 shall apply for the purpose of ascertaining the period of service of an employee and whether that service has been continuous.

Aka- she is considered to be fully employed (from role 1)- however, she'd have to be in the temporary post for 4 years, before it were considered permanent.

Given that she is a full-time employee, and entitled to the protections afforded to a full-time employee from role A- it is a bit of a stretch to see how role B could be taken from her- as it would appear to have been a change of duties, and not a new employment (as she has been continuously employed by the same employer.

She really needs proper advice (any union official would be able to go into the details)- but it sounds like she has a very strong case to make that role B is not a separate job at all.

Nody

DulchieLaois wrote: »

Do she have any protection in relation to employment law that she can keep her part time role if she was to return to her work after maternity cover ??

I'll go against my fellow mod above and disagree; the reason being she has to be offered an equivalent position in terms of responsibility and grade but that does not mean she needs to be offered the same position she held before. Due to this there is no guarantee that she'd keep that part times role specifically but rather that she'll simply be offered a role paying the same as the total of the two.

The_Conductor

Nody wrote: »

I'll go against my fellow mod above and disagree; the reason being she has to be offered an equivalent position in terms of responsibility and grade but that does not mean she needs to be offered the same position she held before. Due to this there is no guarantee that she'd keep that part times role specifically but rather that she'll simply be offered a role paying the same as the total of the two.

I'd have to concur with this assessment. These days its pretty much an equivalent post- at the same pay- but often it may not even be at the same location. If she were in the public sector- she could be moved up to 45km away and not have any comeback on it.

If she has a union rep-it would be a good idea to talk to them.

davo10

I'd agree with both the mods but with one caveat, the wording of the part time contract is important. If it's a fixed term contract for a specific task/duration and it references the unfair dismissals act not applying at its conclusion, then the fact that your wife is going on maternity leave does not imply a right to renewal after the contract is determined.

This is a pretty good article on it: http://www.hayes-solicitors.ie/news/ThePregnantEmployee.htm

Mrs OBumble

A small reminder that neither of 'em are mods here :-)

And that we offer discussion only, we cannot offer legal advice.

The best statement I've seen is "She really needs proper advice (any union official would be able to go into the details)"

Personally I'd wonder how she can possibly be doing another part time job if she's already full time.

But like I said - talk to a lawyer.

Mr. Loverman

Agree completely with Mrs OBumble. I've been a member of this website a lot longer than my username suggests, and something I constantly see is people with very strong opinions on the law... which turn out to be nonsense.

For example, "giving a bad reference is illegal". No it's not.

By all means use the kind advice here to gather information, but at the end of the day you need to talk to a solicitor.

DulchieLaois

Much apprepicated everyone and thanks for helpful opinions.