Liquidating business ireland

Conclusion in order to argue that an employee is only needed in the short-term, the employer needs to be able to identify a point in time when the need will expire.

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“There is no evidence before the Court by which it could conclude that there are no means by which the provision of training places for NCHDs could be provided other than by the use of successive short-term contracts…Moreover, it could not be seriously contended that granting the claimant a contract of indefinite duration in circumstances where he met the criterion prescribed at s.

In order to constitute objective grounds it must be “based on considerations other than the status of the employee concerned as a fixed-term employee and the less favourable treatment…

is for the purpose of achieving a legitimate objective of the employer and such treatment is appropriate and necessary for that purpose”. This article addresses how specific grounds have been dealt with by the Rights Commissioner, the Labour Court and the High Court.

RPA FTD 097 (2009) the Labour Court gave guidance saying:- “[Where] the completion of the specific task is the determining event, it would have to be a clearly identified and specific task, which will eventually come to an end, such as a task or project which is not part of the fixed and permanent needs of the employer.” In National Gallery of Ireland v.

Cleary 2013 ELR 1 the claimant succeeded in getting a CID.

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