FTP Recruitment Ltd T/A Clarity Locums v John Madden

JurisdictionIreland
Judgment Date12 February 2020
Judgment citation (vLex)[2020] 2 JIEC 1221
Date12 February 2020
Docket NumberFULL RECOMMENDATION DETERMINATION NO.AWD202 ADJ-00022038 CA-00028788-007
CourtLabour Court (Ireland)
PARTIES:
FTP Recruitment Limited T/A Clarity Locums
and
John Madden

FULL RECOMMENDATION

AWC/19/4

DETERMINATION NO.AWD202

ADJ-00022038 CA-00028788-007

Labour Court

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Mr Marie

Worker Member: Mr McCarthy

SECTION 25 (2), PROTECTION OF EMPLOYEES (TEMPORARY AGENCY WORK) ACT, 2012

SUBJECT:
1

1. An appeal of an Adjudication Officer's Decision No(s) ADJ-00022038 CA-00028788-007

BACKGROUND:
2

2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court. A Labour Court hearing took place on 7 February 2020. The following is the Court's Determination:-

DETERMINATION:
3

This is an appeal by Mr John Madden against Decision number ADJ-00022038, CA-00028788-007 of an Adjudication Officer in a complaint under the Protection of Employees (Temporary Agency Work) Act 2012 (“the 2012 Act”) against his former employer FTP Recruitment t/a Clarity Locums Limited. The Adjudication Officer found that the claim was not well-founded.

4

For ease of reference the parties are given the same designations as they had at first instance. Hence Mr John Madden will be referred to as “the Complainant” and FTP Recruitment t/a Clarity Locums Limited will be referred to as “the Respondent”.

5

The Complainant referred his claim to the Workplace Relations Commission on 31st May 2019. The Adjudication Officer hearing took place on 6th October 2019, and his Decision was issued on 16th October 2019. The Complainant appealed the Decision on 26th November 2019.

Background
6

The Respondent is an employment agency licenced in accordance with the provision of the Employment Agency Act 1971. The Complainant is a pharmacist registered with Pharmaceutical Society of Ireland. It is not disputed that the Complainant was an employee of the Respondent. He worked as a Locum Pharmacist for the Respondent in various pharmacy clients.

The Claim
7

The Complainant alleged that he did not receive his statutory entitlement to meal breaks and public holiday entitlements. At the hearing before the Court he accepted that he had submitted his claim under the 2012 Act whereas he should have referred under the Organisation of Working Time Act 1997.

8

The Complainant's claim was referred to the Adjudication Officer pursuant to Section 25 of the 2012 Act. It is clear from subsection (1) of Section 25 of the 2012 Act that the jurisdiction of an Adjudication Officer, and by extension the jurisdiction of this Court, is confined to...

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