1. Introduction

The Protection of Employees (Fixed-Term Work) Act 2003 was enacted to transpose the framework agreement on fixed-term work concluded by the EU social partners and adopted as a directive by the Council of the (then) European Communities in 1999.

The basic objectives of the agreement/directive are twofold. First, to improve the quality of fixed-term work by enabling a fixed-term employee to make a complaint that he or she is being treated less favourably in relation to his or her terms and conditions of employment than a permanent colleague performing like work. Second, to provide a framework for the prevention of abuse arising from the successive use of fixed-term employment contracts.

Many ostensibly non-commercial organisations in Ireland – schools,