The persons appointed will carry out the design and implementation of a payroll, expenses and human resource system.
The remainder of the notice reads as follows:. The special internal trawl notice stated that the posts were available for a three year period by secondment or fixed-term contract. The claimant already had a full-time contract with the respondent. (i) In August/September 2002 the claimant applied for one of 6 Implementation Officer posts with the respondent. Having considered the evidence insofar as same related to the issue before it, the tribunal made the following findings of fact on the balance of probabilities:. The tribunal was presented with bundles of documentation and took into account only the documents referred to it in the course of the hearing.ĥ. The Tribunal heard evidence from the claimant and from John Bowman, Project Manager, and David Megaughin, Chief Finance Officer, for the respondent. The representatives, on behalf of the parties concerned, agreed that the outcome on this case would be binding in the case of Ian McCullough (Case Ref: 1253/10).Ĥ.
The issue before the tribunal was whether the claimant was a fixed-term employee under the Regulations and, if so, whether the Tribunal should declare him a permanent employee in the post of Implementation Officer with the respondent, or, alternatively whether there had been a consensual variation of the claimant's contract.ģ. In the alternative, the respondent contended that there had been a consensual variation of the claimant's contract.Ģ. The respondent contended that, although the claimant was not a secondee, he was employed on a temporary basis in the form of a fixed-term contract with extensions, but not so as to be employed under the Regulations as he has a permanent full-time post to revert to once the temporary contractual arrangement ends. The claimant sought a declaration from the tribunal that he was an employee of the respondent employed under the provisions of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002 ( the Regulations ) and that he was a permanent employee in the post of Implementation Officer with the respondent. The respondent was represented by Ms Finnegan, Barrister-at-Law, instructed by the Chief Legal Advisor of the Education and Library Board Solicitors.ġ. The claimant was represented by Ms A Millar, Deputy General Secretary, of NIPSA. The unanimous decision of the tribunal is that the claimant is a fixed-term employee and it makes a declaration declaring him to be a permanent employee. RESPONDENT: Belfast Education and Library Board
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