Unfair Dismissal

maryduffy

New Member
Hi there,

Can anyone help please
I was employed my an agency on a contract for 9 months at a company , the agency or company never extended the contract after 9 months but one year later 13 months i am still at the company. I go into hospital and 2 days later they ended my contact at the company , do i have an unfair dismissal case ? My contract at the agency was not terminated but of course they do not have a job for me ..

Thank you
 

Palerider

Frequent Poster
Change your user name to something anonymous to avoid identification.

You should have chased up the contract upon expiry, your contract was with an employment agency and not the employer so I cannot see you being successful making a claim, get a good reference and move on.
 

Folsom

Frequent Poster
I would suggest that you do have a case. The absence of a contract is not sufficient to deny rights and entitlements. If you can show that you were employed, through payroll and tax contributions, then you can show that you were employed and as such were under a contract of employment, albeit not issued to you in writing.
Any changes to your employment would need to be communicated to you in accordance with the terms of your employment contract. And having been employed continuously for over 2yrs you would be entitled to minmum notice, which has not been afforded to you.
One caveat, you need to be certain who your employer was through this period, the agency or the company?
If it is the agency it could be tricky.

Google Agency workers under citizens information and workplace relations commission for more specific detail.

Also

EU Directive on Temporary Agency Work 2008/104/EC
Protection of Employees (Temporary Agency Work) Act, 2012
 

maryduffy

New Member
Hi Palerider,

I was been paid by the agency but at the same time was at the employers for 13 months . If i do not have a case for unfair dismissal then know one does .. my name is anonymous thank u xx
 
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Thirsty

Frequent Poster
.... who your employer was through this period, the agency or the company?
In this instance, unfair dismissal legislation still applies, if the employee was working at the same company. Using an agency or letting staff go for 2 months each year and then re-hiring them were once used as loopholes to get around the employment legislation, but will not be tolerated by the WRC.

To the OP, make sure your paperwork is in order - did you give correct notification of your absence, do you have documentation to support your hospital stay/ letter from Dr. etc., then file a claim.
 

MangoJoe

Frequent Poster
Mary sorry to hear this, it must be a tough time for you & Hope you're recovering well despite the accompanying worry of this etc.

I'm also of the opinion that the lack of a contract here is not going to deprive you of your rights to decent and ethical treatment under the provisions of our employment law.

Hopefully you'll be posting back soon with good news.
 

Baby boomer

Registered User
You also have the option of taking a case under the Employment Equality Acts for discriminatory dismissal based on the disability ground. Disability is very widely defined under the Act and includes any physical or mental impairment or illness. The main advantage is that awards tend to be a bit higher and are not restricted to actual economic loss as is the case with unfair dismissal.
However, you can't claim both, it's one or the other.
 

Leo

Moderator
You also have the option of taking a case under the Employment Equality Acts for discriminatory dismissal based on the disability ground.
Very unlikely to succeed on disability grounds on the basis of two days in hospital. Such short term incapacity does not come close to qualifying as a disability, so trying that won't go down to well.
 
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