ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007436

	Complainant	Respondent
Anonymised Parties	Agency Worker	Recruitment Agency

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012	CA-00010076-001	06/03/2017

Date of Adjudication Hearing: 06/07/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

The Complainant in his complaint form to the WRC on 6^th March 2017 stated he was employed by the named Recruitment Agency as an Agency Worker from 8^th December 2015 until 7^th September 2016.

The Complainant had also submitted two further complaints on the same date against two Named Respondents also stating he was employed by these two Respondents within the same period. All the complaints were heard on the same date – 6^th July 2017.

The evidence was that the Complainant was employed by a named Respondent from 8^th December 2015, on a Fixed Terms Contract of Employment which was renewed in July 2016 and was due to expire on 30^th September 2016. The Complainant resigned from this position on 7^th September 2016.

The Complainant provided no evidence to the Hearing that he was or had ever been employed as an Agency Worker by this Respondent, a Recruitment Agency, from 8^th December 2015 to 7^th September 2016.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

There was no evidence presented to me at the Hearing on 6^th July 2017 that the Complainant had ever been employed as an Agency Worker by the Respondent, a Recruitment Agency, from 8^th December 2015 to 7^th September 2016.

In accordance with Section 41 (5) of the Workplace Relations Act, 2015 I declare I do not have jurisdiction to hear this complaint.

Dated: 24 August 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words:

Agency Worker – no jurisdiction.