ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00044868
Parties:
| Worker | Employer |
Anonymised Parties | An Agency Worker | A Recruitment Group |
Representatives | Self-Represented | Agency Managers |
Dispute
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-55701 | 13/07/2021 |
Workplace Relations Commission Adjudication Officer: Michael McEntee
Date of Hearing: 10/10/2022
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Procedural Issue / Agency and Hirer (Employer) & related ADJs XXXXX, ADJ XXXXX & ADJ XXXXX
The Employer is this case was the temporary Staff Agency – M Recruitment Group Limited.
The Complainant was engaged under all Health Body Terms and Conditions (effectively the Health Body was the Hirer).
Accordingly, (in keeping with the Protection of Employees (Temporary Agency work) Act,2012 ) it was agreed, between the two Respondent Parties, at the Hearing, that as the Complaints listed below were effectively Health Body related matters the Health Body would respond.
ADJ 34136 is a separate Adjudication decision involving the Employer (M Recruitment Group Ltd) and should be read in conjunction with this Adjudication.
This linked Industrial Relations Act,1969 Adjudication Recommendation (ADJ-44867) on CA-00045176-010 (now listed as CA-55698) has also to be considered in conjunction with the above Adjudication decisions.
As the issues in this Dispute refer primarily to the Health Body and were considered as regards the M Group in Adj 34136 it was agreed that this IR Act,1969 reference can have no proper standing.
Accordingly, it is set aside, and no Recommendation is made.
Conclusions:
As the issues in this Dispute refer primarily to the Health Body and were considered as regards the M Group in Adj 34136 it was agreed that this IR Act,1969 reference can have no proper standing. |
Recommendation:
CA-55701
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
This is a Dispute that has already been explored in ADJ 34136 and is proper to the Health Body as the Hirer.
No Recommendation is made in this case.
The case is not properly founded.
Dated: 12th April 2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Agency Worker |