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WRC Adjudication - At the hearing - Funny, strange, or normal?

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  • 14-09-2019 10:29am
    #1
    Clums_Ryan
    Registered Users Posts: 2 ✭


    Hi, (asking for my housemate). She waited four months for the hearing to happen. Submitted a complaint under the option of Fixed term contracts and selected the sub-option about an issue with not having been offered a contract of indefinite duration.

    Her second offered contract (the first one was for five years) only said it was going to be for a few months only, many months after waiting and after the expiry of the five years contract.

    Her complaint described the issue and contained all necessary details and documents. She had to wait 4 months, and then at the hearing, the adjudicator dismissed the case within minutes:
    why? because since the date the complaint was filed, and also at the date of hearing, she has not been working for that employer.
    That's all. He did not go into the details of the complaint, what may have gone wrong, if the recent contract was legitimate and was ok to be given many months late or not.
    He simply said to her he cannot discuss the complaint under the fixed term working act because she is no longer an employee and has to be an employee for that employer to talk about it..
    Is this normal? No way to question an employer? To discuss the law and rights?
    What he thinks it seems that she should have signed that whatever contract, and then submit a complaint and investigate...
    Tagged:


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    #2
    Dav010
    Registered Users Posts: 14,084 ✭✭✭✭Dav010


    Are you saying that she did not take up the second contract, she walked away at the end of the first and then raised a dispute?


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    #3
    caviardreams
    Registered Users Posts: 5,440 ✭✭✭caviardreams


    Clums_Ryan wrote: »
    What he thinks it seems that she should have signed that whatever contract, and then submit a complaint and investigate...

    This is exactly what she should have done.

    If she voluntarily chose not to sign the contract and to stop working there when she had an offer of a contract to continue (albeit for possibly an incorrect duration), I don't see how she could take a case i.e. if she never signed/accepted the contract then she can't make a complaint against said contract.

    Did she ask her union for advice?


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    #4
    Clums_Ryan
    Registered Users Posts: 2 ✭Clums_Ryan


    This may seem logic for some, however she is saying she raised the dispute while waiting many weeks for the second contract because the HR were not giving any letter of offer or contract while her boss in the department wanted her to start.
    So is it incorrect that someone raises a complaint about the rights under the fixed term working act and their rights and that there second offer came in many months late and did not take into consideration the work history?
    In other words, what if that second contract was not fair, unreasonable, surprising at the last minute, should someone sign anything (basically when you sign then you are agreeing!..?) and then raise a dispute?


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