INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 25(2), PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) ACT, 2012
NOEL RECRUITMENT AGENCY LTD
- AND -
MS OLAYINKA OLADITI
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Appeal of Rights Commissioner's Decision R-141482-TAW-14/GC.
2. The Worker referred her case to the Labour Court in accordance with Section 25(2) of the Protection of Employees (Temporary Agency Work), 2012. A Labour Court hearing took place on 15th October, 2014. The following is the Determination of the Court:
This is an appeal by Olayinka Oladiti (the Claimant) in her claim against Noel Recruitment (Ire) Limited under the Protection of Employees (Temporary Agency Work) Act 2012.
The Rights Commissioner found that the Act had been contravened in relation to the Claimant and awarded her compensation in the amount of €780. The Respondent did not appeal against that finding and award.
The complaint was received by the Rights Commissioner on 22ndJanuary 2014. The Claimant left her employment with the Respondent on 28thApril 2013. The Rights Commissioner allowed the maximum extension of time allowable under section 25 of the Act, namely 12 months from the date of the complaint, for the purpose of considering the Claimant’s complaint. On that basis the Rights Commissioner took account of contraventions that occurred in the period 22ndJanuary 2013 to 28thApril 2013 (at which date the Claimant left the employment) .
The Claimant appealed on the basis that the Rights Commissioner should have considered the period November 2011 to November 2012. That is clearly impossible having regard to the plain provision of s.25 of the Act.
In these circumstances the appeal cannot be allowed and the decision of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
28th October 2014______________________
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.