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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 140
Experience:  and Mediator practicing in Cork, Ireland.
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Employed on a fixed term contract from 2009 as cover for person

Customer Question

Employed on a fixed term contract from 2009 as cover for person on leave of absence.
That person returned in 2011. Have worked continuously to date. No written contract issued since the first one. When submitting details to bank re mortgage application in 2011 my employer described me as permanent. Called to a meeting and told I will be let go next month but I may return on a half time basis later in the year.
Can this be done or is it reasonable to assume I have permanency?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  cmcsolicitor replied 1 year ago.
This depends somewhat on the date in 2009 in which you were hired. If you have worked for the employer for four years on the basis of renewed fixed-term contracts, then you are entitled to a contract of indefinite duration. All that means is that you should be treated like a permanent employee. In addition of course, your employer seems to have acknowledged that you should be treated as a permanent employee in the context of your mortgage application.

As a permanent employee who has worked for the employer for more than two years, you would be entitled to receive a redundancy payment. The statutory redundancy payment is two week’s gross pay per year of service up to a ceiling of €600 per week plus one week’s pay, which is also subject to the ceiling of €600. This payment is tax-free. The Dept of Social welfare provides a redundancy calculator, here: https://www.welfare.ie/en/Pages/secure/RedundancyCalculator.aspx

You will need to calculate (in financial terms and in terms of goodwill and future employment prospects with this or other employers) whether it is worth claiming redundancy. Your employer is obliged to pay you a lump sum and will get a rebate from the DSW, so perhaps you might get assistance in calculating what will it cost your employer? Is he willing to commit to re-employing you later? Can he keep you on part time now? These are the questions that I would advise you to explore as you decide how to proceed.

best of luck.


cmcsolicitor, Solicitor
Satisfied Customers: 140
Experience: and Mediator practicing in Cork, Ireland.
cmcsolicitor and 2 other Republic of Ireland Law Specialists are ready to help you
Expert:  cmcsolicitor replied 1 year ago.
Thanks for your positive rating. I hope this all works out for you.

Regards,
Claire McCarthy

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