Síobhra Rush
speaker
40 appearances
1 recordings
1 series
first heard Nov 2025
last heard 20 Nov
Síobhra Rush’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Nov 2025 with 1.
Appearances
Breakfast Business with Joe Lynam · Employers have obligations to seasonal employees · 20 Nov 2025
podcast
It'll depend on if they've worked.
If they've worked 40 hours in the five weeks coming up to the public holiday, they'll be entitled to be paid for that or a paid day off.
There's a number of options available.
Like permanent status?
No, it wouldn't.
So in general, if you have a break in service of more than 26 weeks, in some cases it can be, the break in service can be less, but they wouldn't gain, for instance,
the one year that would be required under the Unfair Dismissals Act, where at that stage then for an employer to dismiss an employee fairly where they have that one year of service, they need a fair reason and they need a fair process.
And the legal entitlements are heightened where an employee has one year of service.
I suppose it is worth saying that if, let's say, a seasonal engagement runs into a more permanent one,
it's really important for employers to have the dates of any renewal and if an employee is engaged on a second fixed-term contract on expiry of the first one, they gain more than one year of service.
They will be protected.
So most fixed-term contracts would include a provision that says if you're dismissed because this contract has expired and it has come to its natural conclusion, then the Unfair Dismissal Act won't apply and
In order for that exclusion to be valid, the contract must be in writing and it must be signed by both parties.
However, if you have more than two fixed-term contracts and the employee gains more than one year of service, that's unlikely to apply because the Workplace Relations Commission would be very wary of employers who would use successive fixed-term contracts in an effort to avoid somebody gaining that one year of service.
However, to answer your question, where the engagements are truly seasonal and there's more than a 26-week break in service, they won't gain continuous service.
Well, actually, we had a quick chat about this yesterday, but the minimum notice that employees are entitled to is one week where they have more than 13-week service.
So between 13 weeks to two years service, they're entitled to
one week from the employer okay but if they're only working let's say they've worked they worked only four weeks and you need to dismiss them instead of the agreed six weeks you could terminate the contract um early but i suppose i would be careful just to make sure that you're entitled to do it under the fixed term contract because uh some employers can fall out of that where they don't have an early termination provision and the employee could potentially say well
this was a six-week fixed-term contract.
If you're terminating early, I'm entitled to be paid out the balance of that because you didn't include an early termination provision.
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