WRC rejects Irish Rail mechanic’s unfair dismissal complaint

The Workplace Relations Commission found that Albert Kelly was not unfairly dismissed by Iarnrod Eireann Irish Rail after his fixed-term contract expired. The decision was dated 18 October 2022. Kelly began work in July 2019 on a written 24-month contract signed by both parties, with a clause stating that the Unfair Dismissals Act would not apply when the term expired. He argued that confusion over the end date, his appearance on the July roster and being told to leave when he arrived for work on 2 July 2021 made the dismissal unfair. The adjudicator found the contract expired on 30 June 2021; the date error and Kelly’s attendance on 2 July did not extend it. The employer could rely on the written exclusion clause, and the Act therefore did not apply to the dismissal.