FTP Recruitment Ltd T/A Clarity Locums v John Madden

• Jurisdiction: Ireland
• Judgment Date: 12 February 2020
• Judgment citation (vLex): [2020] 2 JIEC 1228
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.TED204 ADJ-00022038 CA-00028788-006
• Date: 12 February 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

FTP Recruitment Limited T/A Clarity Locums

and

John Madden

FULL RECOMMENDATION

TE/19/70

DETERMINATION NO.TED204

ADJ-00022038 CA-00028788-006

Labour Court

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Mr Marie

Worker Member: Mr McCarthy

SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014

SUBJECT:

1 1. An appeal of an Adjudication Officer's Decision No(s)ADJ-00022038 CA-00028788-006

BACKGROUND:

2 2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 26 November 2019 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 7 February 2020. The following is the Decision of the Court:-

DETERMINATION:

3 This is an appeal by Mr John Madden against Decision number ADJ-00022038, CA-00028788-006 of an Adjudication Officer in a complaint under the Terms of Employment (Information) Act 1994, (“the Act”) against his former employer FTP Recruitment t/a Clarity Locums Limited.

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 claimed that the Respondent was in breach of the Act as he was not provided with written terms and conditions of employment in breach of Section 3.

8 The Respondent accepted that the Complainant did not receive a statement within the prescribed statutory period. It submitted that the Complainant had suffered no loss as a consequence.

Determination

9 The Court finds that the Complainant's complaint is well-founded. The Court orders the Respondent to pay the Complainant the sum of €500.00 in compensation of the breach of the Act.

10 The...