ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00030573
Parties:
| Complainant | Respondent |
Anonymised Parties | General operative | Manufacturing |
Representatives | Daniel Snihur, Independent Workers Union | HR |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00040688-001 | 29/10/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00040688-002 | 29/10/2020 |
Date of Adjudication Hearing: 24/02/2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint /dispute to me by the Director General, I inquired into the complaint /dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.
Terms of Employment (Information) Act 1994 - CA-00040688-001
Background
The complainant states that she was not provided with a contract of employment by the respondent. This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No objections to the remote hearing were raised. |
Preliminary Issue
The respondent submitted that the complainant was not employed by them and as such the employee had the incorrect employer. Correspondence was submitted by the agency that the complainant was an employee of theirs and she had a contract of employment which was dated the 1st of October 2018 to the 4th of December 2020 when she resigned her position. |
Findings
I find that the complainant was employed by an agency from the 1st of October 2018 to the 4thDecember 2020 when she resigned her position. I find that the complainant was employed by the agency, where she was provided with a contract of employment, when she referred her complaint to the WRC. |
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.
I have decided, based on the above findings that the complainant was not an employed by the respondent at the time her complaint was lodged with the WRC. |
Industrial Relations Act 1969 - CA-00040688-002
Background
The employee states that she is a long-term employee of the employer and through her Trade Union along with her colleagues applied to the employer to give them contracts of employment. At the moment she is still on a “temporary agency worker contracts”. She stated that her work is fully controlled and supervised by the employer and she is seeking a direct contract of employment from the employer The employer submitted that the employee was not employed by them and as such the employee had the incorrect employer. Correspondence was submitted by the agency that the employee was an employee of theirs and she had a contract of employment which was dated the 1st of October 2018 to the 4th of December 2020 when she resigned her position The Employer has concluded an agreement with another Trade Union and 25% of agency staff are transfer to direct employment. |
Findings
I find, based on the evidence that the employee was not an employee of the employer. I find, based on evidence that the employer has concluded an agreement with another Trade Union where approximately 25% of the agency staff are to be transferred to direct employment of the employer. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend based on the above findings that I cannot support the employee’s case. |
Dated: 19-05-2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
Industrial Relations 1969 Act Terms of Employment (Information) Act 1994 |