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Rights Commissioner

 
Buachaill's Avatar
  • Answered by:Buachaill
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Customer Question

Im currently considering bringing a case to the Rights Commissioner under Section 6 of Fixed Term Act 2003 regarding termintaion of my fixed term contract. I 'm just wondering in such instances is it worth considering such an option given the time it takes and finncial expenses incurred. Are you aware of many cases where there has been successful outcome for the employee?

 



Already Tried:
Corresponding with my emoloyee to appeal termintaion

Submitted: 329 days and 7 hours ago.
Category: Republic of Ireland Law
Value: 32 €
Status: CLOSED
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Expert:  Buachaill replied 329 days and 6 hours ago.

1. Taking a case to a Rights Commissioner is a good option, as approximately 40% of the cases taken are resolved in favour of the employee. The key factor when taking a case before a Rights Commissioner is that your case is sound in law and falls within the relevant statutory wording. Essentially, the Rights Commissioner will decide the case on the law and to succeed, you must base your case firmly on the law. Employees tend to loose cases where the case gets overly personal and the row is about the people involved and not about whether the law applies or not. Accordingly, I would advise you to get some legal assistance, whether from a solicitor, a union rep, or from one of the independent free Legal centres known as FLAC (see www.flac.ie for a list of centres) so you may base your case for termination firmly on the law.

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