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Entitled to permanency??

  • 28-09-2014 9:49pm
    #1
    amy1plus2
    Registered Users, Registered Users 2 Posts: 154 ✭✭


    If someone has been employed as a relief worker for just over 6 years, are they entitled to automatic permanency / full time work? DH has been employed with the same organisation for over 6 years, 3 of these years he has been on fixed term contracts (covering sabbaticals / maternity leave etc) and the other years, employed on a relief basis. Does he have any entitlement to a permanent contract??


Comments

  • #2
    amy1plus2
    Registered Users, Registered Users 2 Posts: 154 ✭✭amy1plus2


    Actually just spoke with DH - it's 4 fixed term contracts he has been on. Not sure if this makes a difference??


  • #3
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    amy1plus2 wrote: »
    Actually just spoke with DH - it's 4 fixed term contracts he has been on. Not sure if this makes a difference??

    What is the total continuous service he has?


  • #4
    amy1plus2
    Registered Users, Registered Users 2 Posts: 154 ✭✭amy1plus2


    6 years total - 2 of those years were on a casual relief basis and the most previous 4 were fixed term contracts.


  • #5
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    Were there any gaps between the contracts? If not, then it's likely that he's entitled to a Contract of Infinite Duration.


  • #6
    mvrce
    Closed Accounts Posts: 31 ✭mvrce


    amy1plus2 wrote: »
    If someone has been employed as a relief worker for just over 6 years, are they entitled to automatic permanency / full time work? DH has been employed with the same organisation for over 6 years, 3 of these years he has been on fixed term contracts (covering sabbaticals / maternity leave etc) and the other years, employed on a relief basis. Does he have any entitlement to a permanent contract??

    Under the fixed term workers act he/she would have a entitlement to permanency but it would most likely be on the same terms - relief contract these tend to be 'if and when' so although permanent they might have very little guarantee of hours


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  • #7
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Op, fixed term contracts, entitlements termination and permanency are the most misunderstood type of employment contract there is. In your case the terms of the contract and whether each contract immediately followed the other are the all important factors in answering your question. If there were gaps, say 3 months plus between one contract ending and the next beginning, then there may not be an entitlement to permanency, also if the phrase "at the end of the contract, the terms of the Unfair Dismissals Act do not apply" then you may not be entitled to employment beyond the end date of the contract. Given the time scale involved, as others above have pointed out, breaks between each contract and whether service was continuous during those years maybe the determining factor.


  • #8
    amy1plus2
    Registered Users, Registered Users 2 Posts: 154 ✭✭amy1plus2


    Thanks, there were no breaks in the service. However we called nera yesterday and they have said that because the first two years were `casual relief`, they are not considered (even though he worked full time hours most of the time). They said that when his current contract ends, due to on 31/12/14, that he then has up to 6 months to be offered another contract and if this happens, he will then be entitled to permanency.


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