Protection of Employees (Fixed-Term Work) Act 2003
In case ADJ00017926 the Adjudication Officer looked at the law on this issue and quoted two important cases being one of the Health Service Executive –v- Khan 2006 FTD4/2006 where the Labour Court ruled that the a contract of indefinite duration to which a fixed term employee might be entitled must be “identical in its terms, including any express or implied terms as to training and qualifications, as the fixed term contract from which is resulted from”.
In relation to the issue of any change the Adjudication Officer referred to the case of Trinity College Dublin –v- Moriarty FTD5/2012 where the Labour Court ruled that the respondent cannot;
“Carve out part of a contract of employment and create an entirely new contract for the purposes of the Act”.
This case confirms that an employee is entitled to exactly the same contract as the fixed term contract where they become entitled to a contract of indefinite duration.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.