Equal Treatment for Fixed-Term Workers

Fixed Term workers are governed by the Protection of Employees (Fixed-Term Work) Act 2003. The Act prohibits fixed-term workers being treated less favourably in comparison to a comparable permanent employee unless an objective justification is provided. In Bushin v UCC [FTC/10/42] Dr. Naomi Bushin invoked her rights under Section 6 of the Act, when she claimed she was treated less favourably than a comparable full time employee. The complainant was employed on a fixed-term contract from 2006 – 2009 as a full-time researcher on an EU-funded Marie Curie Excellence Project in the University College of Cork. She claimed she was treated less favourably on the grounds that she was paid statutory redundancy payments only, whereas comparable employees were paid more enhanced severance packages to be 4 weeks’ pay plus statutory redundancy. The complainant used permanent employees in other third level institutions as relevant comparators such as staff in St.Catherine’s College of Education, and catering staff in NUIM. Each institution paid those comparable employees with 4 weeks’ pay plus statutory redundancy. As they were all considered separate entities they were still all collectively employed by the Department of Education and Skills who retained control. The respondent could not objectively justify paying the complainant statutory redundancy hence the Rights Commissioner found in favour of Dr. Bushin as she was engaged in work of equal to or greater value than the comparators. The complainant was awarded the decision that she should be paid the 6 weeks’ pay per year of service inclusive of the statutory redundancy. If you have any queries in respect of the above article then please contact our 24 Hour Advice Service on 01 855 50 50.