UDD265

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00028156 (CA-00036165-001).

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 28 July 2023 in accordance with Section 8A of the Unfair Dismissals Act 1977 to 2015.

A Labour Court hearing took place on 26 February 2026.

The following is the Decision of the Court:-

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-00036165-001, dated 21 June 2023) under the Unfair Dismissals Act 1977 (‘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.

Jurisdictional Issue

At the within hearing, the Complainant acknowledged that the Respondent is a licenced employment agency and that at all material times he had been placed by the Respondent with a client of the agency.

Section 13 Unfair Dismissal (Amendment) Act 1993

This section provides as follows:

“Where, whether before, on or after the commencement of this Act, an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract and whether or not the third person pays the wages or salary of the individual in respect of the work or service), then, for the purposes of the Principal Act, as respects a dismissal occurring after such commencement—

(a) the individual shall be deemed to be an employee employed by the third person under a contract of employment,

(b) if the contract was made before such commencement, it shall be deemed to have been made upon such commencement, and

(c) any redress under the Principal Act for unfair dismissal of the individual under the contract shall be awarded against the third person.”

Discussion and Decision

Having regard to section 13 of the Unfair Dismissals (Amendment) Act 1993, the Court must find that the Complainant has impleaded the incorrect party in the within proceedings. The appeal is dismissed and the decision of the Adjudication Officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
TH	______________________
03/03/2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.