Fixed Term Workers, Non-Discrimination and Compensation on the Termination of Employment

Posted in : LK Shields on Employment Law on 23 January 2018
Barra Lysaght
LK Shields
Issues covered:

Is it discriminatory for a fixed-term worker to receive less compensation on the expiry of his or her contract than a worker (whether fixed-term or permanent) who is dismissed?

This is the question considered by the Court of Justice of the EU’s Advocate General Kokott in two opinions relating to the interpretation of Directive 1999/70/EC concerning the framework agreement on fixed-term work (‘the Directive').  

Legal framework

The Directive establishes a legal framework for ensuring equal treatment between fixed-term workers and comparable permanent workers.

In particular, clause 4(1) of the framework agreement annexed to the Directive provides that fixed-term workers must not be

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 23/01/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Barra Lysaght
LK Shields

The main content of this article was provided by Barra Lysaght. Contact telephone number is +353 1 6371586 or email

View all articles by Barra Lysaght