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Bidvest Noonan worker loses fixed-term status and paid-break complaints

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission rejected Robert Samson’s claims against Bidvest Noonan under the Protection of Employees (Fixed-Term Work) Act and the Payment of Wages Act. The decision was dated 22 June 2022. Samson argued that his employer should have justified his fixed-term contract in writing and granted him a contract of indefinite duration. The WRC found he was not a fixed-term worker and therefore could not bring that claim under the Act. He also claimed he worked 8.5 hours per shift but was paid for seven, seeking payment for breaks. The WRC found he had no contractual right to paid breaks and that paid breaks were not established practice at the client site, so the wages complaint was not well founded.

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