ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002401

Complaint(s)/Dispute(s) for Resolution:

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-00002792-001	17/02/2016

Date of Adjudication Hearing: 07/11/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

A Latvian National doing the same work as me working for 1 year got a contract from Tesco. It was never advertised. The other worker was an Agency Worker.

Respondent’s Submission and Presentation:

The Respondent rejected the Claim. They recruit exclusively from Agency pool for operatives in the warehouse. The agreement with this agency provides for the following;

Any agency worker who successfully completes 26 weeks continuous service with…..distribution warehouse, and there is no issues arising during the familiarisation period, will be placed on the employment panel.

All jobs are advertised on the notice board. There is no need to apply as all agency workers are automatically eligible and considered for the role of warehouse operative as per the agency agreement. There is a transparent and objective selection process.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have considered the submissions of both parties. The Respondent operates a process where an agency worker having satisfactorily completed the familiarisation period is automatically placed on an employment panel and considered for vacancies in the warehouse.

I therefore do not find that any breach of s. 25 of the 2012 Act took place. I do not find the claim well founded and it fails.

Dated: 07 February 2017