DWT2616

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00028170 (CA-00036164-003).

BACKGROUND:

The Complainant appealed the Adjudication Officer's Decision to the Labour Court on the 31st July 2023.

A Labour Court Hearing took place on the 24th March 2026.

The following is the Labour Court's Decision:

DECISION:

1. Background to the Appeal

This is an appeal by Mr. Taturu (the Complainant) against Adjudication Officer’s Decision ADJ-00028170 CA-00036164-003 given under the Organisation of Working time Act 1997 (the Act) in a claim against Alandale Logistics (Ireland) Limited (the Respondent).  The Adjudication Officer held that the Respondent in this case was not the proper Respondent for the complaint under this act and therefore the Complaint was not well founded. This case is linked with UD/23/117 and TE/23/54.

At the commencement of the hearing under oath the complainant confirmed that he had taken a separate case against Northway Personnel limited (the agency) and in Labour Court decision DWT268 the Court found that he had not identified any stateable breach of the Act therefore his complaint was not well founded.  No issue had been raised at that hearing that Northway personnel were not the correct employer for the purpose of this Act.

Mr. Ryan BL submitted that the Respondent in this case is not the employer for the purpose of this Act.

Discussion and Decision

The Court based on the evidence before it finds the Respondent is not the employer for the purpose of this Act.

The appeal fails.  The decision of the Adjudications officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
JNF	______________________
08/05/2026	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Julie Nicholl Flood, Court Secretary.