ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009761
Complaint:
Act | Complaint 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-00012789-001 | 26/07/2017 |
Date of Adjudication Hearing: 31/05/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
The complainant referred complaints against three respondents arising from her employment as a GP between 1 September 2014 and 30 June 2017. These complaints are subject to reports in ADJ-00009761, ADJ-00010315, ADJ-00010319, ADJ-00012432 and ADJ-00012440. The complaints were made pursuant to the Terms of Employment (Information) Act, the Unfair Dismissals Act, the Protection of Employees (Fixed-Term Work) Act, the Payment of Wages Act, the Minimum Notice and Terms of Employment Act and the Protection of Employees (Temporary Agency Work) Act.
For clarity, the respondents are referred to as the public body respondent, the GP Coordinator respondent and the Agency respondent. The evidence also refers to a limited company through which the complainant invoiced for her services. This entity is referred to as the Company.
The adjudication was held on 31 May 2018. The complainant was represented by Lauren Tennyson BL instructed by O’Mara Geraghty McCourt solicitors. The public body and the GP Coordinator respondents were represented by Mason Hayes & Curran solicitors. ESA Consultants represented the Agency respondent.
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Summary of Complainant’s Case:
The evidence is set out in detail in the report in ADJ 10315. |
Summary of Respondent’s Case:
The evidence is set out in detail in the report in ADJ 10315. |
Findings and Conclusions:
CA-00012789-001 This is a complaint pursuant to the Protection of Employees (Temporary Agency Work) Act. This defines “agency worker” as “an individual employed by an employment agency under a contract of employment by virtue of which the individual may be assigned to work for, and under the direction and supervision of, a person other than the employment agency.”
As set out in detail in ADJ 10315, I find that the complainant was an employee of the public body respondent. She was recruited following direct contact with the respondent and asked to invoice through the Agency. The complainant was not assigned roles by the Agency. She worked for the public body respondent. She was not an agency worker and was not employed by an agency. It follows that this complaint is not well founded. |
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.
CA-00012789-001 I find that the complaint pursuant to the Protection of Employees (Temporary Agency Work) Act is not well founded. |
Dated: 02/05/2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Agency worker |