Page 39 - Workplace Relations Guide to Employment Law

term employee, to be a comparable Objective Conditions
employee in relation to the fixed-
term employee, or The Act provides that a fixed-term employee
shall be informed in writing by his or her
(c) where neither (a) nor (b) above apply, employer as soon as practicable of the
the employee is employed in the same objective condition determining the contract,
industry or sector of employment as i.e. whether it is
the fixed-term employee and one of
the conditions referred to in (i), (ii) or (i) arriving at a specific date,
(iii) below is met.
(ii) completing a specific task, or

The following are the conditions (i), (ii) and (iii) the occurrence of a specific event.
(iii) referred to above –

(i) both employees perform the same
work under the same or similar Objective Grounds Justifying a
conditions or each is interchangeable Renewal
with the other in relation to the work,
The Act provides that where an employer
(ii) the work performed by one of the
employees concerned is of the same proposes to renew a fixed-term contract
or a similar nature to that performed the employee shall be informed in writing,
by the other and any differences not later than the date of renewal, of the
between the work performed or objective grounds justifying the renewal of
the conditions under which it is the fixed-term contract and the failure to
performed by each, either are of small offer a contract of indefinite duration.
importance in relation to the work as
a whole or occur with such irregularity It further provides that the written statements
as not to be significant, and referred to in this paragraph and in the
paragraph immediately above are admissible
(iii) the work performed by the relevant as evidence in any proceedings under the Act. It
fixed-term employee is equal or is also provided for in the Act that a Workplace
greater in value to the work performed Relations Commission Adjudication Officer
by the other employee concerned, or the Labour Court may draw any inference
having regard to such matters as he, she or it considers just and equitable if it
skill, physical or mental requirements, appears to him, her or it that (a) an employer
responsibility and working conditions. omitted to provide a written statement, or (b)
a written statement is evasive or equivocal.
The comparable permanent employee can
be either of the opposite sex to the fixed-
term employee concerned or of the same sex Indefinite Fixed-Term Contracts
as him or her.
An employer cannot employ an employee on
a series of fixed-term contracts indefinitely.

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