ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026200
Parties:
| Complainant | Respondent |
Parties | Matthew O'Grady | Recruitment Plus Limited |
Representatives | Richard Grogan & Associates | Mary Seery-Kearney BL |
Complaint(s):
Act | Complaint 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-00033497-001 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00033497-002 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-003 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-004 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-005 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-006 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-007 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-008 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-009 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-010 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-011 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-012 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-013 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-014 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-015 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-016 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-017 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-018 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-019 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-020 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-021 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-022 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-023 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-024 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-025 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-026 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-027 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-028 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-029 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-030 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-031 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-032 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-033 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-034 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-035 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-036 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-037 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-038 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-039 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-040 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-041 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-042 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-043 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-044 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-045 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-046 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-047 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-048 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-049 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-050 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-051 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-052 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-053 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-054 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-055 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-056 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-057 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-058 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-059 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-060 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-061 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-062 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-063 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-064 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-065 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-066 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-067 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-068 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-069 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-070 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-071 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-072 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-073 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-074 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-075 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-076 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-077 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-078 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-079 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-080 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-081 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-082 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-083 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-084 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-085 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-086 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-087 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-088 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-089 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-090 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-091 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-092 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-093 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-094 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-095 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-096 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-097 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-098 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-099 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-100 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-101 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-102 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-103 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-104 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-105 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-106 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-107 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-108 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-109 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-110 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-111 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-112 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-113 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-114 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-115 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-116 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-117 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-118 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-119 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-120 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-121 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-122 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-123 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-124 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-125 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-126 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-127 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-128 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-129 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-130 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-131 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-132 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-133 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-134 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-135 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-136 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-137 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-138 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-139 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-140 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-141 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-142 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-143 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-144 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-145 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033497-146 | 17/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00033497-147 | 18/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00033748-001 | 09/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00033748-002 | 09/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00036011-001 | 12/03/2020 |
Date of Adjudication Hearing: 09/03/2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. The witnesses relied on the affirmation to accompany their testimony.
Background:
The within ADJ-00026200 is linked with ADJ-00027294 which had two claims CA-00034861-001 (Penalisation under section 27 of the Organisation of Working Time Act) and CA-00034861-002 (Penalisation under Section 28 of the Safety, Health and Welfare at Work Act). The complainant’s legal representative withdrew these claims at the hearing. In relation to the within ADJ-00027294, at the hearing the complainant’s legal representative withdrew the claim of Unfair Dismissal and the claim in relation to the Protection of Employees (Temporary Agency Work) Act 2012. |
Summary of Complainant’s Case:
Terms of Employment (Information) Act The complainant claims that he did not receive a “core statement in accordance with the Employment Miscellaneous Provisions Act 2018” and same was not provided within the relevant period. It was further submitted that the contract as provided does not comply with section 3 of the 1994 Act as follows; 1. Provisions of section 3(g) being the rate or method of calculation of the employee’s remuneration and the pay reference period for the purposes of the National Minimum Wage Act have not been set out 2. Section 3(g)(a) has not been set out in the entitlement to request a statement 3. The terms and conditions relating to hours of work including over time have not been fully set out. The provisions of section 17 of the Organisation of Working Time Act would need to advise the employee of the entitlement to receive 24 hours of notice of the requirement to work over-time except in exceptional circumstances. In the within case, the issue in relation to start, finishing times and hours of work are set out as “TBC” 4. The contract does not set out the conditions related to paid leave. The OWTA in section 19(1) sets out 3 methods for an employee to obtain annual leave. It further provides that the method which is most beneficial to the employee shall apply. In addition, section 19(3) of the Act provides that the annual leave if the employee works 8 or more months in a leave year shall be entitled to 2 weeks unbroken leave 5. The provisions of section 21 of the Employment Equality Act are not set out 6. The provisions of section 30 of the Employment Equality Act are not set out 7. In respect of section 21 and section 30 of the Employment Equality Act; these provide insofar as terms of a contract of employment do not include expressly or by reference to a collective agreement or otherwise in relation to section 21 a general gender equality clause in respect of section 30, a non-discriminatory equality clause, they should be taken to include one 8. The provisions of S.I. 49/1998 have not been set out 9. The employee was not advised of his entitlements under section 11, 12 & 13 of the Organisation of Working Time Act Non-payment of holiday pay in advance The complainant’s legal representative states that the complainant took one week’s holiday in June. He was not paid in advance. It was submitted that this is contrary to section 20(2) of the Act. The complainant cites Article 7 of Directive 203/88/EC which provides; “Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least 4 weeks and in accordance with conditions for entitlement to, and granting of such leave laid down by national legislation and/or practice.” It was submitted that this matter is covered by the provisions of section 25 of the Organisation of Working Time Act whereby the obligation is on the employer in the absence of records to prove matters. It is submitted that while the respondent has held in its submissions that the complainant did not suffer any financial detriment; there is no requirement in the relevant section for detriment to be shown. Organisation of Working Time Act - Section 12 In relation to the issue of the one hour break, it was submitted that the complainant was advised not to send in time sheets without putting in break periods of either one hour or at least 30 minutes. It was submitted that the complainant challenged the respondent on this matter and advised that it was impossible to be expected to take breaks with the work load he had and the area he was required to cover. The complainant submits that a manager with the respondent said to him “You will not be paid if you do not write in breaks, the client needs to see these”. The complainant contends that at a meeting of 10 January 2020, the manager met with the complainant and two others and when the issue was raised, it was suggested that the employees would add an hour when they got home. The complainant’s legal representative states that it is clear from the jurisprudence of the Labour Court that the rest breaks at the end of a shift are not rest breaks. It is a matter for the employer to organise matters in such a way that they ensure that the relevant individual would get their appropriate break. Organisation of Working Time Act – Section 17 It was submitted that the employee has an entitlement to be notified of starting and finishing times at least 24 hours before the first day or as the case may be, the day at each week that he or she proposes to require the employee to work of the times which the employee will normally be required to start and finish work on each day. It was submitted that the contract specifically sets out that start and finishing times are “TBC”. Organisation of Working Time Act – 48 hour rule It was submitted that the complainant is entitled to bring a claim for any four months period time ending within 6 months of the date that the claim was lodged. The complainant’s legal representative stated that it is not a matter for the employee to maintain records. The complainant contends that he worked in excess of 48 hours and it is a matter for the respondent to produce said records.
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Summary of Respondent’s Case:
The respondent is an “employment agency” within the meaning of the Employment Agency Act 1971 and the Protection of Employees (Temporary Agency Work) Act 2012. The respondent outlines that the complainant commenced employment on 15 March 2018 as a Temporary Agency Worker in the role of Incident Report Specialist/CCTV Services on placement with a large store in Ireland referred to as the “Hirer”. The respondent states that the contracts between it and the Hirer were for one year only in duration, where renewed, it was only renewed for one year and subject to renegotiation on each occasion. It was submitted that consequently, the statement of terms and conditions issued to the complainant was for a fixed term where the fixed term was for a period of one year, with the hope of it being for longer and so is denoted as “One year +”. The respondent asserts that it did not have any operation of the contract, the number of personnel engaged under the contract, had no say in hours worked, sites visited or starting / finishing times. The respondent in its written submissions prior to hearing stated that it is noteworthy that the Workplace Relations Commission carried out an audit following their receipt of the voluminous complaints from the complainant and no matters were found to be requiring attention. It states that no instructions or recommendations were given following the audit and the respondent was found to be in compliance in all regards. Claim under Terms of Employment (Information) Act It was submitted that the complainant commenced his employment with it on 15 March 2018. On 9 March 2018, the complainant was e-mailed a copy of his contract of employment, temporary staff handbook and bank form for completion. The respondent provided a signed copy of this contract in the appendices to its written submissions. The respondent asserted that an updated contract of employment for a Fixed Term Special Purpose was issued and e-mailed to the complainant on 25 October 2018 when the Hirer renewed the contract for a further 12 months. The respondent stated that it has an e-mail from the complainant confirming receipt of the contract extension dated 14/11/2018. In summary, the respondent states that the contract issued, in accordance with the requirements at the material time in law, on time and is signed. The respondent asserts that the complainant’s reference to the Employment Miscellaneous Provisions Act 2018 cannot be considered as the 2018 Act did not commence until 5 March 2019 and does not have retrospective provisions. Non-payment of holiday pay in advance The respondent submits that it is not custom and practice in the recruitment sector to pay holidays in advance as temporary agency workers have, in the past, been paid in advance for holidays and not returned, leaving the agency unable to recoup the cost of the holidays from the Client Hirer. It states that the nature of recruitment agency cashflow is that they invoice at as short an interval as possible but always pay employees in advance of their being paid by the Client Hirer. Therefore, it is a substantial risk to make an advance payment to Temporary Agency Workers for more than the invoicing interval. The respondent states however, the custom and practice allows that agencies do make the facility for payment open to any employee to seek payment in advance. Otherwise the pay is made at the usual frequency of payment or upon the return of the temporary agency worker to their workplace in the first payment interval possible. The respondent maintains that on the first occasion wherein the complainant took holidays, he did call the Temps Controller to seek holiday pay in advance, however at the material time he had insufficient hours accrued to justify the payment of the entirety of the holiday pay. The respondent states that he did not make a request on any subsequent holiday period. The respondent asserts that in the later instances of holidays taken, had the complainant sought payment in advance, this would have been facilitated as he had sufficient service to have accrued the holidays and also was considered reliable as a Temp employee. The respondent submits that the complainant was employed by the respondent agency for just short of two years and in the entirety of that period never raised the issue of his holiday pay following that first phone call. The respondent states that the first time he raised it as an issue with the Managing Director was at her second last meeting with him on 24/01/20 in a CCTV Team meeting. It was submitted that the appropriate remedy (in circumstances where there was a reasonable context for the refusal for such payment upfront, such as that proposed by an Employment Agency and the fact the complainant received all of his holiday pay) is to instruct the respondent to comply with the provision in any future decision. It was submitted that the fact the complainant was paid 8% of all hours worked as holidays was stated to demonstrate the bona fides of the respondent towards the complainant as a reasonable employer. The respondent states that the fact is that it could have capped his holiday entitlement, but it did not, it ensured that he had his full holiday entitlement both in the taking of holidays and in payment for them. Claim under Organisation of Working Time Act – rest breaks It was submitted that the complainant signed time sheets on a weekly basis detailing that he did take rest breaks and copies in that regard were submitted with the written submissions. The respondent states that the timesheet process is entirely within the law and serves as a record of rest breaks taken. It stated that there is no onus on an employer to provide specific times for rest breaks as evidenced by the Statutory Instrument setting out the requirements to meet the bar as being sufficient for statutory records. The respondent submits that the timesheets for the complainant are very detailed claim forms. It states that they show that the complainant was on the road and constitute his mileage claim form, the hours worked. The respondent states that the complainant can be seen to vary the break period from 30 minutes to 1 hour on occasions and therefore it submits that it cannot be accepted that the complainant was merely told to complete that he had an hour. The respondent maintains that the complainant was on the road and had the discretion to take his break periods whenever he wished to. The respondent further states that the complainant was supplied with a daily lunch allowance which came into agreement in December 2019 but was paid retrospectively to the complainant from 1/10/2019. The respondent highlights S.I. 21 of 1998 The Organisation of Working Time (General Exemptions) Regulations which provides for exemptions to the provisions of section 12 of the 1997 Act in circumstances as per the schedule where the employee is engaged in: 3. (1) Without prejudice to Regulations 4 and 5 of these Regulations and subject to the subsequent provisions of this Regulation, each of the activities specified in the Schedule to these Regulations is hereby exempted from the application of sections 11, 12, 13 and 16 of the Act. SCHEDULE 1. An activity in which the employee is regularly required by the employer to travel distances of significant length, either from his or her home to the workplace or from one workplace to another workplace. The respondent submits that this statutory provision was created in contemplation of the fact that employees such as the complainant can take their breaks at times of their own discretion and at intervals that suit their own plans. It considers that the employee may take the break in one interval or over several. It was submitted that RK, a HR Advisor with the respondent kept contemporaneous notes of his meeting with the three Hirer temps on 10 January 2020. The primary focus of that meeting was to focus on self care for the three temps. It was submitted that a complaint had been received in relation to a previous comment made to the complainant by a respondent staff member, who noted that perhaps he was too conscientious meaning that he needed to say no, not to keep taking calls from the Client. In this regard, it was submitted that the complainant noted that he had received a call from a store on his way home the previous day and that because he was conscientious, he ended up working 13 hours on that day. RK’s reply to him was that he should have gone home. It was submitted that RK reviewed the complainant’s previous day’s work with him at that meeting when the other two employees had left, during which the complainant noted that he had not had a lunch break and had only taken a break of 15 minutes. RK stated that his emphasis was on making sure that (i) the complainant took his proper breaks and (ii) that the complainant was paid for all hours worked and told him on that instance to add an extra hour to the end of his day to ensure that he was paid for that hour that he worked through. It was submitted that it was absolutely not a general direction to take a break at the end of the day; it was proposed as a resolution to resolve the previous day’s work and confined to that alone. RK further stated that he was so concerned following his conversation with the complainant that he made a video and circulated it to the three temps. The key messages in the video are to (a) record and report all the hours you have worked and (b) to take breaks. The respondent submitted that upon receipt of the timesheet following the meeting of 10 January, the Managing Director, AF e-mailed the complainant asking him to confirm that he “had added the hour Richard had highlighted in the e-mail below regarding the hours you worked on January 9”. It was submitted that the complainant replied stating “when I checked my hours for that day, I had noted a finish time of 21.00 not 21.30 per my conversation with Richard so I didn’t add the extra hour – I added the correct start and finish time and break for that day”. The respondent further stated that it is noteworthy that the complainant was on notice that claims were made for rest breaks, in which, by the complainant’s own admission was on holidays but yet the complainant did not rectify the erroneous claims made. Claim under Organisation of Working Time Act – section 17 - Notice of start and finish times The respondent stated that the complainant’s work was centred around calls to the Hirer premises within his designated area of the country. It asserts that it was entirely within the complainant’s hands as to what time he commenced and finished those calls. The respondent states that it is preposterous that the respondent or the Client Hirer would be obliged to advise the complainant 24 hours in advance as to what time to start, such an obligation would have constituted a disrespectful micro-management. The respondent asserts that the operation and spirit of the Act did not anticipate such micro-management but was to ensure that where working hours were predictable and if overtime was obliged, that an employee was given sufficient notice to be able to facilitate their work life balance. The respondent stated in the alternative, it was to provide consistency where no consistency is existent. It is submitted that the operation of the contract of employment for the complainant was consistent; he received the list of calls and determined his own starting time. It was submitted that the time sheets demonstrate a consistency in starting time commensurate with the location of the calls and similarly with the finishing times. The respondent asserts that the time sheets show start and finishing times that are reasonably consistent and are between 9 am and 10 am in the main, while occasionally being as late at 11 am or early at 8 am. The respondent states that similarly with regard to finishing times, the pattern is clear from the complainant’s time sheets that his finishing time was as early at 6.30 pm or as late as 8.30 pm. The respondent submits that the complainant had the option to claim an overnight cost and an overnight allowance was made available to him in the event that his travelling was so extensive that he may have needed to stay away from home. It was submitted that the complainant never claimed this allowance despite the fact that he had discretion in deploying this allowance and availing of it. The respondent asserts that this allowance demonstrates that the complainant was in control of his start and finishing times and could have commenced and finished his day in accordance with the usually expected hours as per the performance of his contract. Claim under the Organisation of Working Time Act – worked hours in excess of 48 hours The respondent submits that only those dates after 17 June 2019 are in time for the purposes of this claim. It states that the records and time sheets submitted by the complainant set out the hours worked by him. They show only 1 week in that entire period for which hours in excess of 48 hours were worked, that being Week 32, week ending 4 August 2019, the week immediately preceding the complainant’s annual leave. The respondent asserts that it would appear based on the complainant’s submission, that he is comprising the excessive hours from a setting aside of the rest periods recorded on the time sheets. The respondent submits that it is entirely unreasonable that the complainant would knowingly sign time sheets, knowing that only those hours designated as working time were those hours being billed to the Client Hirer and not raise the issue of more hours due to him and due from the Client Hirer at any time and only in the context of a retrospective review in order to make a spurious claim. It was submitted that the records produced by the respondent are entirely consistent with those required under the Act and the complainant signed each one. The respondent asserts that it is entitled to rely on the records as signed by the complainant on a weekly basis. The respondent contended that the entirety of this claim is based on supposition that denies the clearly signed timesheets submitted by the complainant on which the respondent was entitled to rely. |
Findings and Conclusions:
At the hearing, the respondent’s legal representative made the point that due to the complainant’s submission of voluminous claims, inspectors from the Inspection division of the WRC subsequently carried out an audit of the respondent organisation and found that the respondent was in compliance in all regards. The complainant’s legal representative took issue with this and requested an adjournment of the hearing so as to have the two inspectors who carried out an audit on the respondent appear at a rescheduled hearing to give evidence on the matter. Having carefully considered this matter, I decided that given the circumstances of the case and the comprehensive documentation I had received in the submissions, I did not deem it necessary to reconvene the hearing and I informed the parties accordingly. Terms of Employment (Information) Act I have carefully examined this matter and find on the basis of the evidence presented that the contract did not contain all of the provisions set out at section 3 of the 1994 Act. Accordingly, I find that this complaint is well-founded. I order the respondent to pay the complainant €1800 in respect of said breaches. Non-payment of holiday pay in advance Section 20(2)(a) provides for payment to an employee in advance of their holidays, stating “the pay in respect of an employee’s annual leave shall…be paid to the employee in advance of his or her taking the leave”. Having carefully considered the evidence presented in respect of this claim, I find that the complainant has established a breach of the Act and I consider that this claim is well-founded. In the circumstances, I order the respondent to pay the complainant €1800 in respect of said breach. Claim under the Organisation of Working Time Act – rest breaks It is noteworthy that while the complainant stated at the hearing that he already had provided a set of timesheets by email (separate to the set of time sheets and records provided in the respondent’s written submissions) in respect of his working hours but he was advised to add in an hour for rest breaks or he would not get paid; these earlier set of time sheets/records were not produced. The respondent refuted the existence of the purported earlier time sheets. I note that the complainant’s legal representative had made a data access request which was responded to, however, the initial set of timesheets did not materialise. Having reviewed this matter, I did not find the complainant’s testimony in this regard compelling and consider it implausible in the circumstances. I note that the complainant’s work involved being on the road making calls to the Client Hirer stores and he had discretion to take his break periods whenever he wished to. I further note from the documentation submitted that the complainant was supplied with a daily lunch allowance which came into agreement in December 2019 but was paid retrospectively to the complainant from 1/10/2019. I also note the respondent’s arguments in respect of S.I. 21 of 1998 The Organisation of Working Time (General Exemptions) Regulations which provides for exemptions to the provisions of section 12 of the 1997 Act in circumstances as per the schedule where the employee is engaged in: 3. (1) Without prejudice to Regulations 4 and 5 of these Regulations and subject to the subsequent provisions of this Regulation, each of the activities specified in the Schedule to these Regulations is hereby exempted from the application of sections 11, 12, 13 and 16 of the Act. SCHEDULE 2. An activity in which the employee is regularly required by the employer to travel distances of significant length, either from his or her home to the workplace or from one workplace to another workplace. While the complainant has argued that he was told on a general basis to add in an extra hour to the end of his day to ensure he got paid. RK (HR Advisor with the respondent) gave testimony at the hearing in relation to the context that it referred to a specific instance following a meeting with the three Temps including the complainant on 10 January 2020 wherein the complainant ended up working 13 hours the previous day as he received a call from a store and RK indicated to him that perhaps he was too conscientious and should have gone home. RK stated that in that instance, he stated to add an extra hour to the end of his day to ensure that he was paid for that hour that he worked through. RK stated that he was categoric that it was absolutely not a general direction to take a break at the end of the day but was proposed as a resolution to resolve at that juncture the previous day’s work and confined to that day alone. RK stated that the core point at the meeting of 10 January was to focus on self care for the three Temps and he advised that it was in order to say No, not right now if the Client Hirer was calling. AF, Managing Director with the respondent gave evidence to say that upon receipt of the complainant’s timesheet following the meeting of 10 January, she e-mailed the complainant asking him to confirm that he “had added the hour Richard had highlighted in the e-mail below regarding the hours you worked on January 9”. AF stated that the complainant replied stating “when I checked my hours for that day, I had noted a finish time of 21.00 not 21.30 per my conversation with Richard so I didn’t add the extra hour – I added the correct start and finish time and break for that day”. It was submitted that following RK’s conversation with the complainant, due to his concerns, he made a video and circulated it to the Temps in relation to the importance of recording and reporting all the hours worked and taking breaks. It was submitted that from December 2019, the three Temps including the complainant were afforded overnight assistance, in the form of compensation for bed and breakfast, if over 100 kms from home after 6pm; 50% contribution to their annual AA membership in case of breakdown and additional leave in the form of 2 wellness says per annum. On the basis of all of the foregoing and the evidence presented, I find that this complaint is not well-founded. Claim under Organisation of Working Time Act – section 17 - Notice of start and finish times It is submitted that the complainant received the list of calls from the Client Hirer and determined his own starting time. Having reviewed the records submitted, the time sheets reflect a consistency in starting time corresponding with the location of the calls and similarly with the finishing times. The time sheets show start and finishing times that are reasonably consistent and are between 9 am and 10 am in the main, while occasionally being as late at 11 am or early at 8 am. In respect of finishing times, the pattern is evident from the complainant’s time sheets that his finishing time was as early at 6.30 pm or as late as 8.30 pm. It was stated at the hearing that the complainant had the option to claim an overnight cost and an overnight allowance was made available to him in the event that his travelling was so extensive that he may have needed to stay away from home. It was submitted that the complainant never claimed this allowance despite the fact that he had discretion in deploying this allowance and availing of it. The respondent asserts that this allowance demonstrates that the complainant was in control of his start and finishing times and could have commenced and finished his day in accordance with the usually expected hours as per the performance of his contract. Having carefully examined the evidence heard on this matter, I find that this complaint is not well-founded. Claim under the Organisation of Working Time Act – worked hours in excess of 48 hours The complainant is comprising the excessive hours from a setting aside of the rest periods recorded in the time sheets. Having carefully examined this claim and on the basis of the evidence presented and the documentation submitted, I find that this claim is not well-founded.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Terms of Employment (Information) Act I find that this complaint is well-founded. I order the respondent to pay the complainant €1800 in respect of said breaches.
Non-payment of holiday pay in advance I find that this claim is well-founded. I order the respondent to pay the complainant €1800 in respect of said breach.
Claim under the Organisation of Working Time Act – rest breaks I find that this claim is not well-founded.
Claim under Organisation of Working Time Act – section 17 - Notice of start and finish times I find that this claim is not well-founded.
Claim under the Organisation of Working Time Act – worked hours in excess of 48 hours I find that this claim is not well-founded.
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Dated: 14th June 2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Organisation of Working Time Act, Terms of Employment (Information) Act |