Fixed-Term Workers

The Protection of Employees (Fixed-Term Work) Act 2003 gives protection to fixed-term employees. An employee is deemed a fixed-term employee where the end of a contract is determined by: The arrival of a specific date; or The completion of a specific task; or The occurrence of a specific event (e.g. a worker returning from maternity leave where cover was given by a fixed-term employee)   In general the Act applies to any fixed-term employee: Working under a contract of employment or apprenticeship Holding office under, … read more

A fixed-term worker cannot be in receipt of less favourable terms and conditions of employment than the comparable permanent employee. All employee protection legislation, other than unfair dismissal in certain circumstances, applies to a fixed-term employee in the same manner as a permanent employee. Any qualifying conditions applying to permanent employees in any of that legislation, also apply to a fixed-term employee An employer cannot continually issue fixed-term contracts. If the fixed-term employee has been engaged on two or more continuous contracts where the aggregate … read more

A fixed-term employee may be treated in a less favourable manner than a comparable permanent employee where such treatment can be justified on objective grounds.  An objective ground means a reason which is based on something other than the status of the employee as a fixed-term employee. The less favourable treatment must also be for the purpose of achieving a legitimate objective of the employer and such treatment is necessary for that purpose   A fixed-term employee can be treated less favourably than a comparable … read more

A comparable permanent employee is a permanent employee to whom a fixed-term employee compares himself/herself where the following conditions are met:   the permanent employee and the fixed-term employee are employed by the same or associated employer and one of the following conditions are met:   both employees perform the same work under the same or similar conditions or each is interchangeable with the other in relation to the work the work performed by one of the employees concerned is of the same or a … read more

The Act provides a right of complaint to the Workplace Relations Commission where an employee believes that a contravention of the Act has occurred.