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Fixed term contract expired what happens next?

  • 28-11-2019 9:21pm
    #1
    Walker63
    Registered Users Posts: 11 ✭


    Hello to all,

    I keep looking on threads and legal website, but couldn't find an answer, and hope if you can help me out with your experiences and thoughts.


    To explain the situation: I have had 2 fixed term contracts for the same company (1 year each) and the relation with the managing staff was not great as they tried the change conditions all the time on their advantage.

    My 2nd contract finished on the 01/11/2019, and I have sent them messages to have a meeting before that date to have the nex contract conditions. 5 days after the expiry date of the contract I received a mail saying it's not the priority for the moment and they will come back to me when available. I had a private meeting on the 20/11/2019 with the managers presenting a contract for permanent, but with personal critiques on it …. And as well Special requests for notice period and non-compete clause that are completely abusive (with others bits and pieces all around that are not legal). As a consequence, I couldn’t sign the contract and submitted my notice and given them 2 months to find another person (rather then 15 days as the contract expired)

    They wanted to modify my expired contract (which was not possible) and now are pressuring me to sign another contract backdating from the 1/11/2019 to my end date “in order to protect their rights” and supposedly mine, but I don’t want to as the contract expired including all the conditions with it. Workplace Relation committee could not answer the question, but I’m going to see a solicitor in the next coming days.


    My question is: Are my expired contract conditions (notice, working tasks, non-compete conditions etc etc…) cancelled since they didn’t renew it on time? And if they decide to dismiss me, do they have to respect 15 days or they could do it immediately (since there is no more contract)?


    Many thanks for your time and your help

    Cheers


Comments

  • #2
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,344 ✭✭✭NUTLEY BOY


    Legal advice not allowed here.

    On the general principles however, I cannot any lawful basis for retrospective and unilateral alteration or effective rewriting of the terms and conditions of a contract. It is meant to be a binding agreement within it's terms.

    Some contracts can contain conditions allowing for certain alterations or variations in certain specified circumstances but that should be clear from the wording.


  • #3
    Walker63
    Registered Users Posts: 11 ✭Walker63


    Sorry for the posting, I can delete if needed.

    Thanks for the information, It just a lot of people around me doesn't know what's the right about dismiss someone with no contract, is there a minimum or not to respect, I couldn't find.

    Many thanks anyways


  • #4
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,344 ✭✭✭NUTLEY BOY


    In the context of your last post it might be of help to you to contact the Workplace Relations Commission.
    They may be able to give you specific information on the issue.
    LINK https://www.workplacerelations.ie/en/


  • #5
    golfball37
    Registered Users, Registered Users 2 Posts: 4,715 ✭✭✭golfball37


    3rd contract is either permanency or slán as far as I am aware.
    Outrageous they can let you expire without deciding one way or another well in advance, its good manners aside from anything else, you should have told them you are not insured to work there from Nov 1st .


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