FTP Recruitment Ltd T/A Clarity Locums v A Worker

JurisdictionIreland
CourtLabour Court (Ireland)
Judgment citation (vLex)[2020] 2 JIEC 1223
Docket NumberFULL RECOMMENDATION DECISION NO.LCR22185 ADJ-00022038 CA-00028788-001,002

Labour Court

FULL RECOMMENDATION

CD/19/394

DECISION NO.LCR22185

ADJ-00022038 CA-00028788-001,002

PARTIES:
FTP Recruitment Limited T/A Clarity Locums
and
A Worker
DIVISION:

Chairman: Ms Jenkinson

Employer Member: Mr Marie

Worker Member: Mr McCarthy

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:
1

1. An appeal of an Adjudication Officer's Decision No(s)ADJ-00022038 CA-00028788-001,002

BACKGROUND:
2

2. This case is an appeal of an Adjudication Officer's Recommendation by the Worker. On the 16 October 2019 the Adjudication Officer issued the following Recommendation:-

“The Complainant should have waited until the internal appeal mechanisms were exhausted prior to referring the matter to the WRC for adjudication. Accordingly, this complaint is not well-founded .

I am satisfied that there was no regulatory or legislative requirement for a supervisor to be present in the business at all times and that there was no need for agency personnel to act up. Accordingly, this complaint is not well-founded.” .

3

The Worker appealed the Adjudication Officer's Recommendation to the Labour Court on 26 November 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

4

A Labour Court hearing took place on 7 February 2020.

DECISION:
Background
5

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 with their clients. He completed his first shift in August 2013. From 2013 to 2019 he completed 28 shifts with the Respondent. His gross pay covering all of this period amounts to €13,338.53 approx. 250 hours of work. His employment with the Agency terminated on 7th June 2019. As he referred his claim under the Industrial Relations Act 1969 to the Workplace Relations Commission on 31 st May 2019, the details of his dismissal were not before the Court. Therefore, there were two claims before the Court concerning (i) an allegation that he was ‘blacklisted’ by the Agency from 9 th May 2019 until 27 th May 2019 and (ii) a claim regarding acting up arrangements.

• i. Claim: ‘Blacklisted by the Agency’

6

On 9th May 2019, the Complainant was placed at the Respondent's client company, X Pharmacy, to work a shift as a qualified pharmacist from 9am – 7pm. At 9.10am that...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT