A fixed-term employee’s dismissal was upheld as fair due to CV discrepancies and adherence to contract terms. 

Complainant: An Employee  Respondent: An Employer

The Complainant was employed by the Employer on a fixed-term contract starting in August 2023, with her employment ending on July 4, 2024. On her final day, the Complainant was called to a meeting by the Second Trustee without prior notice of the agenda. She requested to bring two witnesses but was allowed only one. During the meeting, attended by three Trustees (one remotely), she was informed of her immediate dismissal, effective from 5 p.m., with a promise of a follow-up letter explaining the dismissal, which she never received. Her witness was not permitted to ask questions, and she left the premises after the meeting. 

The Complainant admitted her contract was extended automatically in January 2024 for an additional 12 months. She also acknowledged failing to clarify discrepancies in her CV, despite stating her solicitor would contact the Employer, which did not occur. She delivered printed evidence of her prior employment to the Second Trustee on July 3, 2024, instead of forwarding it via email. After dismissal, the Complainant received illness benefit until September 13, 2024, when she secured a new, higher-paying role. The First Trustee stated that the Complainant’s fixed-term contract, among others, was due to expire at the end of July 2024, prompting a review of CVs for renewal.

During the review, discrepancies and conflicting details were identified in the Complainant’s CV. At a meeting on July 1, 2024, the Complainant attributed these inconsistencies to typo errors. Following this meeting, the Employer contacted two of the Complainant’s previous employers. While one confirmed her employment, the second had no record of her. When asked to provide a contact person to verify her employment, the Complainant refused and stated that her solicitor would handle the matter, but no contact was made by the solicitor. The Second Trustee stated she did not receive the Complainant email evidence from her previous employer on July 3, 2024, but saw it only during the WRC hearing. On July 4, 2024, the Complainant was informed her contract would not be renewed and was dismissed immediately. She received one month’s notice pay and outstanding holiday pay.

The Adjudicator considered all submissions and evidence presented by the parties. It was undisputed that the Complainant’s fixed-term contract was not renewed on July 4, 2024, and she was dismissed with immediate effect, receiving one month’s notice pay and outstanding holiday pay. The Complainant claimed she was entitled to compensation until January 25, 2025, based on a purported automatic twelve-month contract renewal. However, the evidence showed her contract was extended for six months in January 2024, with an end date of July 25, 2024. The Employer’s review of the Complainant’s personnel file revealed discrepancies in her CV. Despite requests, the Complainant refused to provide contact details to verify her employment history. The Employer’s decision not to renew her contract was based on these factors, and it was under no obligation to renew the fixed-term contract. The Adjudicator found the dismissal was not unfair and did not recommend in favour of the Complainant.

Employers should: 
•    Conduct Thorough Reviews: Regularly review employee credentials and maintain accurate records, especially when renewing fixed-term contracts, to prevent discrepancies. 
•    Provide Notice for Meetings: When discussing employment status, provide adequate notice and clearly outline the agenda to ensure transparency and fairness. 
•    Adhere to Procedures: Follow fair and consistent procedures when handling dismissals, including clear communication of reasons for termination and ensuring any promised follow-up correspondence is provided. 
 
The full case can be found here: 
https://www.workplacerelations.ie/en/cases/2024/december/ir-sc-00002856.html