ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00038082
Parties:
| Worker | Employer |
Anonymised Parties | General operative | Recruitment agency |
Representatives | Audrey Goode Byrne and O Sullivan Solicitors |
|
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
| 24/03/2021 |
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Date of Hearing: 28/02/2022
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
This dispute was one of a number of claims filed by the worker. The worker submitted that he was an agency worker, employed by the employer and assigned to work for another organisation (the hirer). He submitted that he was employed by the employer and managed on a day-to-day basis by the hirer. |
Summary of Workers Case:
The Worker's case was that he was employed by the Employer and assigned to work with a Courier company on 5 November 2020 as a General operative at an hourly rate of €12 per hour. He wasn’t paid his wages. |
Summary of Employer’s Case:
The Employer disputed that the Worker has been hired. It found it difficult to believe that the hirer would have allowed the worker on site and work for 21 days without the requisite paperwork placing him with the hirer. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
This case was a duplicate of a complaint made under the Payment of Wages legislation. I make no recommendation in this case as I have already given the Worker an award under that legislation.
Dated: 30th May 2022
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Worker |