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WTC/23/72 |
DECISION NO. DWT268
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SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 28 (8), ORGANISATION OF WORKING TIME ACT, 1997
PARTIES:
NORTHWAY PERSONNEL LIMITED
AND
ION TATARU
DIVISION:
| Chairman: | Mr. Haugh |
| Employer Member: | Mr. Marie |
| Worker Member: | Mr. Bell |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00028156 (CA-00036165-003).
BACKGROUND:
The Worker appealed the Adjudication Officer's Decision to the Labour Court on the 28 July 2023.
A Labour Court Hearing took place on the 26 February 2026.
The following is the Labour Court's Decision:
DECISION:
Background to the Appeal
This is an appeal by Mr Ion Tataru (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00028156/CA-00036165-003, dated 21 June 2023) under the Organisation of Working Time Act 1997 (‘the Act’). Notice of Appeal was received in the Court on 28 July 2023. The Court heard the appeal in Dublin on 26 February 2026. There was no appearance on behalf of Northway Personnel Limited (‘the Respondent’) at the appeal.
The Complainant’s Evidence
The Complainant told the Court that he had been required to work night shifts when placed by the Respondent with a client company. He also said that he was often required to work in unsafe conditions. Finally, he told the Court that he had been falsely accused by the Respondent of seeking a payment of €110,000 from it.
Discussion and Decision
The Complainant referred his originating complaint to the Workplace Relations Commission on 15 May 2020. The Complainant’s evidence to the Court did not identify any stateable breach of the Act. The Court, therefore, finds that the complaint is not well-founded and dismisses the appeal.
The decision of the Adjudication Officer is upheld.
The Court so decides.
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Signed on behalf of the Labour Court |
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Alan Haugh |
| TH | ______________________ |
| 03/03/2026 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.