AWD133

This is an appeal by CLS Recruitment Limited (the Respondent) against the Decision of a Rights Commissioner in a claim by James O’Donnell (the Claimant) under the Protection of Employees (Temporary Agency Workers) Act 2012.

The Claimant contends that he was paid less than a comparable permanent employee of the end user to which he was providing service. The Rights Commissioner awarded the Claimant compensation in the amount of €1,000 which included €275 in respect of underpayment of wages and €725 in respect of expenses incurred by the Claimant in pursuing his claim.

The Respondent accepts that the Claimant claim is well founded and that he is due the amount which he claimed. The appeal is limited to the award of additional compensation.

Paragraph 1(3)(c) of the Schedule 2 of the Act entitles a Rights Commissioner to award such compensation as is just and equitable having regard to all the circumstances of the case not exceeding an amount equal to two years remuneration in respect of the employees employment.

In considering all the circumstances of this case the Court is entitled to have regard to the fact that the amount claimed by the Claimant was never seriously disputed by the Respondent. Yet the Claimant was obliged to take time off work to attend a Rights Commissioner hearing and to again incur inconvenience and loss in defending this appeal.

The Court does not regard the Rights Commissioner’s award as excessive. Accordingly the Decision of the Rights Commissioner is affirmed and the appeal is disallowed.

Signed on behalf of the Labour Court



Kevin Duffy
CR______________________
17th September. 2013.Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.