TED2612

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00028170 (CA-00036164-002).

BACKGROUND:

The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on the 31st July 2023 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2012.  A Labour Court hearing took place on the 24th March 2023. 

The following is the Decision of the Court.

DECISION:

1. Background to the Appeal

This is an appeal by Mr. Taturu (the Complainant) against Adjudication Officer’s Decision ADJ-00028170 CA-00036164-002 given under the Terms of Employment (Information) Act 1994 (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 WTC/23/71.

At the commencement of the hearing under oath the Complainant confirmed that he had taken a separate case under this Act, against Northway Personnel limited (the agency) and in Labour Court decision TED 264 the Court upheld his complaint and awarded compensation of €2,940.

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.