Complainant

Respondent

Parties

Niall  Darby

Manpower

Representatives

  self

Aoife McGookin IBEC

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003

CA-00069217-001

11/02/2025

The Complainant’s 6 months fixed term contract was not renewed. He brings this complaint under the following heading:

I am a fixed-term employee and have, in respect of my conditions of employment, been treated less favourably than a comparable permanent employee

The narrative in the complaint form details unfair treatment when compared to others:

My contract was not renewed while another team member, who was on a fixed-term contract and started the same time as me, had their contract extended.

The complaint as framed is contradictory as the alleged breach is about another fixed-term employee who had their contract extended while the Complainant’s ended as specified in his contract.

The Employer, an employment agency stated that the contract ended by reason of the specified period and notice of termination in the contract occurring. The contract ended by reason of the period as specified running its course and the time period required fulfilled.

The Complainant also listed several grievances in his complaint form ranging from his posted political views to unfavorable work allocation as reasons why his fixed term contract was not extended.  No evidence was presented to support those views.

There is ambivalence in the contract where the remuneration for the assignment should have stated it was the annualised salary. That was not an issue per se between the parties, other than the Complainant stating that he had a legitimate expectation of an extension or successive fixed term contract for another 6 months.

The Complainant alleges that his contract was not renewed while another team member, who was on a fixed-term contract and started at the same time, had their contract extended. Also, he alleges that he was the only one on the team not to have his contract renewed. It appears that the workload was not distributed equally across the team. Despite the claim that the contract renewal was due to workload, the Complainant alleges that he was placed at a disadvantage due to unfair allocation of work. He was let go on American Inauguration Day, and is also concerned that his political beliefs, which are publicly known through his social media presence and by anyone who knows him, may have been a factor in this decision.

The Contract came to an end as specified in the fixed term contract. The employee was treated no less favourably than a permanent employee. The complaint is misconceived as the fixed term contract ended as specified.

The Complainant brings a complaint relating to terms and conditions and that he was treated less favourably than a permanent employee. He presented no evidence to support that complaint. While other reasons and grievances were presented to explain why his contract was not extended that amounts to speculation. However, more relevant is the fact that they do not relate to the complaint as framed that he was treated less favourably to a permanent employee. He states that:

My contract was not renewed while another team member, who was on a fixed-term contract and started the same time as me, had their contract extended

However, that comparator is not a permanent employee rather another fixed term employee.

The contract remuneration was not raised as an issue other than as indicating that the term of the contract would be renewed for a further 6 months. The fact is the term in the contract is very clear and that is it ran for 6 months. The Complainant accepted that his monthly remuneration was correct and throughout his employment never raised a grievance that it was wrong.

As no evidence was presented to support the case of less favourable treatment when compared to a permanent employee, I must find that the complaint is not well founded.

As no evidence was presented to support the case of less favourable treatment in respect of my [the Complainant’s] conditions of employment when compared to a permanent employee, I must find that the complaint is not well founded.

Less favourable treatment