ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028941
Parties:
| Complainant | Respondent |
Parties | Aideen Nicholson | Firststaff Ltd |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute 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-00037719-001 | 16/06/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00037719-002 | 16/06/2020 |
Date of Adjudication Hearing: 08/04/2022
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant is seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 and has submitted that she was not informed by the Employer to whom she was hired out (the Hirer) as an agency worker of a vacant position with the Hirer (CA-00037719-001)
The Complainant is seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 and has submitted that as an agency worker she did not receive the same basic working and employment conditions to which a comparable worker would be entitled (CA-00037719-002)
|
Summary of Complainant’s Case:
The Complainant commenced employment with the Hirer (National Parents Council Post Primary - NPCPP) on the 17th September 2018. The Complainant was employed on contract through the Respondent as an administrative assistant and her gross pay was € 525 (€418.09 net) per week for 35 hours worked. The Complainant submitted that she was not informed by the Hirer of a vacant position. Further, the Complainant submitted that the Hirer employed an individual to reduce her workload and subsequently paid them at a higher rate although they were effectively doing the same job. The Complainant stated she raised the issues in relation to her employment with the Respondent in or about March 2020 and was assured that they would contact the Hirer and revert with a reply to the aforementioned issues. In the course of the exchange of communication between the parties, the Complainant stated on the 8th April 2020 that she had no issues with the Respondent herein but the Hirer. The Complainant resigned her position with the Hirer on the 9th September 2020. The Complainant took up alternative employment as a full time clerical worker in September 2020. These Complaints were received by the Workplace Relations Commission on the 16th June 2020. |
Summary of Respondent’s Case:
The Managing Director and the Senior Recruitment Consultant of the Respondent Company attended. |
Findings and Conclusions:
The Complainant has submitted the same Complaint (CA-00037719-001) against the Hirer (CA-00042706-001 – ADJ-00032031). In relation to these Complaints there is no cause of action against the Respondent herein. |
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.
I find that the Complaint (CA-00037719-001) made pursuant to Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 is not well founded. I find that the Complaint (CA-00037719-002) made pursuant to Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 is not well founded. |
Dated: 29th of January 2024
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Key Words:
|