INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
UAC MANAGEMENT LTD TRADING AS 'THE HELIX'
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
(REPRESENTED BY BARRY BROWNE B.L.)
Chairman: Mr McGee
Employer Member: Mr Murphy
Worker Member: Mr Nash
1. Appeal of a Rights Commissioner's Recommendation r-050146-ir-07/MMG.
2. The Worker concerned contends that his contract of employment was with a subsidiary of Dublin City University (DCU). The Employer states that the Worker was never an employee of the University but was employed by UAC Management Ltd trading as 'The Helix'.
The issue was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 9th May 2008 in which he found that the Worker was not an employee of Dublin City University.
The Worker appealed the recommendation to the Labour Court on the 27th May 2008, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A
Labour Court hearing took place on the 6th August, 2008.
3. 1. The Worker contends that his contract of employment is properly with Dublin City University as the University has the final say on the terms and conditions of his employment.
2. The Worker further contends that the Payroll Department of DCU carries out the payroll functions for his salary.
3. The Worker questions why if UAC Management Ltd trading as 'The Helix' is legally his correct employer then why are his tax returns issued by City Research and Development Limited (CRD), another subsidiary of DCU.
4. 1. The Company contends that the Worker's contracts of employment, which are signed by him, state clearly that he is an employee of UAC Management Ltd.
2. The Company states that the Worker was paid directly by CRD on behalf of UAC Management Ltd. and that the payment is processed by the DCU payroll bureau on behalf of CRD.
3. The Company also stated that the Worker's tax returns were issued by CRD on behalf of UAC Management Ltd.
Having considered the submissions made by the parties both at and subsequent to the hearing, the Court upholds the Rights Commissioner's Recommendation and dismisses the appeal.
Signed on behalf of the Labour Court
23rd October, 2008______________________
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.