FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 25(2), PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) ACT, 2012 PARTIES : I.R.E RECRUITMENT SERVICES - AND - MICHAEL O' SULLIVAN DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Decision r-126101-taw-12/JOC.
BACKGROUND:
2. The Worker appealed the Rights Commissioner’s Decision to the Labour Court on the 1st May, 2013, in accordance with Section 25(2) of the Protection of Employees (Temporary Agency Work) Act, 2012. The Court heard the appeal on the 12th February, 2014. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Michael O’Sullivan (the Claimant) against the decision of a Rights Commissioner in his claim against I.R.E Recruitment Services (the Respondent). The claim was taken pursuant to the Protection of Employees ( Temporary Agency Work) Act 2012.
The Claimant is an agency worker within the meaning of the Act. He claims that during the currency of his assignment to a named hirer he was paid less that the rate paid to comparable employees of the hirer. The Claimant was paid a rate of €11.50 per hour. He claimed that comparable employees of the hirer were paid €13.85 per hour.
The Claimant told the Court that he based his belief as to the rate paid by the hirer on a pay-slip of one employee of the hirer that he had seen He did not retain the pay-slip and it could not be produced to the Court. The Claimant also told the Court that it was common knowledge that the hirer paid the rate that he now claims.
It appears to the Court that the Claimant’s case is grounded entirely on a mere assertion that is unsupported by any evidence. The Claimant bears the onus of proving the primary facts upon which he relies in making his claim. The Court is satisfied that he has not adduced any reliable or admissible evidence of what he alleges. In these circumstances the claim cannot succeed.
Accordingly, the decision of the Rights Commissioner is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
24th February, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Determination should be addressed to Jonathan McCabe, Court Secretary.