Case Number: ADJ-00000098. Workplace Relations Commission

Court:Workplace Relations Commission
Docket Number:ADJ-00000098
Parties:Employee v Employer
Procedure:

 

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and /or Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

 

 

 

 

Complainant’s Submission and Presentation:

Dear Sir or Madam, I wish to apply for the Rights Commissioners Service to investigate a dispute that I have with the Respondent  Education and Training Board  with regards my application for a Contract of Indefinite Duration (CID) under the Protection of Employees (Part-Time Work) Act, 2001. The correspondence archive (with a CE number for referencing) is contained in the Appendices of my submission to you, however, if I may summarise the matter as follows... I started working for the Respondent as a Life Model in the Respondent College of Further Education in the Arts Department, on 06 February 2008 on a part time casual basis. I applied for a Contract of Indefinite Duration (CID) on after completing 5 years service with the Respondent on 12 July 2013 (CE7). I was first offered a zero hours contract on 19 May 2014 (CE19). After a number of letters from me to the Respondent, I was then offered a CID with only 200 Hours per year on 16 January 2015 (CE24). I dispute the method by the Respondent of calculating the hours to be allotted to my CID. I wrote to HR on 03 February 2015 (CE28) using the Respondent’s own version of calculating the years of service. I contend that 2007/08 is my first year of service; therefore 2010/11 is my 4th year of service. The P45 dated 02 May 2008 (CE3) confirms the end of the 1st year of service. My understanding is that a CID must be awarded in the fifth consecutive year of service (i.e. after four consecutive fixed term contracts). The number of hours in the CID will be based on the number of hours one holds in the fourth contract. The Respondent has disregarded the year 2007/2008 and calculated from 2008/2009 as the 1st year of service – to see please table below.  Years of Employment Academic Year Eligible Hours worked & paid in the Academic Year Criteria 1st 2007/08 54 Disregarded by the Respondent 2nd 2008/09 397 3rd 2009/10 379 4th 2010/11 338.30 Completes the 4th  consecutive year of employment 5th 2011/12 200 CID issued at the commencement of the 5th year...

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