UDD2618

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ--00057265 (CA-00069121-001)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 20 August 2025 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 06 May 2026.

The following is the Decision of the Court:

DECISION:

Background to the Appeal

This is an appeal by Ms Tessa King (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00057265, dated 7 August 2025) under the Unfair Dismissals Act 1977 (‘the Act’). Notice of Appeal was received in the Court on 20 August 2025. The Court heard the appeal in Cork on 6 May 2026.

The Factual Background

The Complainant was employed by Tipperary ETB (‘the Respondent’) on a one-year fixed-term contract that expired on 1 January 2025. The Complainant’s employment with the Respondent ceased on that date in accordance with the terms her contract and was not renewed thereafter.

The Respondent’s Submission

It is submitted on behalf of the Respondent that the terms of the Complainant’s one-year fixed-term contract were set out in writing, the contract contained an appropriately worded waiver clause for the purposes of the Act and was signed by both parties. It is further submitted that, as the Complainant’s contract ceased on the expiry of the fixed term therein, the Complainant has no standing to pursue the within complaint under the Act.

The Complainant’s Evidence

In response to questions from the Court, the Complainant confirmed that she had signed the written fixed-term contract containing the waiver clause. She also confirmed that the termination of her employment with the Respondent coincided with the expiry of the one-year fixed term specified in the written contract.

The Law

Section 2(2)(b) of the Act provides:

“(2) Subject to subsection (2A), this Actshall not apply in relation to—

(b) dismissal where the employment was under a contract of employment for a fixed term or for a specified purpose (being a purpose of such a kind that the duration of the contract was limited but was, at the time of its making, incapable of precise ascertainment) and the dismissal consisted only of the expiry of the term without its being renewed under the said contract or the cesser of the purpose and the contract is in writing, was signed by or on behalf of the employer and by the employee and provides that this Act shall not apply to a dismissal consisting only of the expiry or cesser aforesaid.”

Discussion and Decision

The Court is satisfied that the waiver provision in the Complainant’s written contract of employment fully meets the requirements of section 2(2)(b) of the Act. The Court is therefore bound to find that the Complainant does not have standing to pursue the within claim under the Act.

The decision of the Adjudication Officer is affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
AL	______________________
13/05/2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Amy Leonard, Court Secretary.