Noel Recruitment (Ireland) Ltd v Arturas Glemza (Represented by Richard Grogan & Associates, Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 29 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 2905
• Date: 29 January 2018
• Court: Employment Appeal Tribunal (Ireland)
• Docket Number: DETERMINATION NO.EDA1811,FULL RECOMMENDATION,ADJ-00006622 CA-00008879-004/011

Labour Court (Ireland)

FULL RECOMMENDATION

ADE/17/77

DETERMINATION NO.EDA1811

ADJ-00006622 CA-00008879-004/011

PARTIES:

Noel Recruitment (Ireland) Limited

and

Arturas Glemza (Represented by Richard Grogan & Associates, Solicitors)

DIVISION:

Chairman: Ms O'Donnell

Employer Member: Mr Murphy

Worker Member: Ms Treacy

SECTION 83 (1), EMPLOYMENT EQUALITY ACTS, 1998 TO 2011

SUBJECT:

1 1. Appeal of Adjudication Officer's Decision No: ADJ-00006622.

BACKGROUND:

2 2. The Worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 83(1) of the Employment Equality Acts, 1998 to 2011. A Labour Court hearing took place on 14 December 2017. The following is the Determination of the Court:

DETERMINATION:

Introduction

3 This is an appeal by Arturas Glemza (Complainant) against decision ADJ-00006633 of an Adjudication Officer in his complaint against his former employer Noel Recruitment (Ireland) Limited (the Respondent). The complaint was made pursuant to the Employment Equality Acts 1998–2015 (the Act). The Adjudication Officer found that the complaint was not well founded.

Background

4 The Complainant was employed by the Respondent between the 24 ^th May 2016 and 22 ^nd January 2017. The Respondent is an Employment Agency who placed the Complainant with one of their clients for the duration of his employment with them. The Complainant was employed on a Permanent Contract (Pay between assignment contract) in accordance with s6.(2) of the Act. The Complainant is claiming discrimination on the basis of race as he was not paid the same as four Polish workers he worked alongside. This complaint is linked to complaint AWC/17/3.

5 The Court determined in that case that the Complainant was on a permanent contract.

The legal position

6 Section 9 of the protection of Employees (temporary agency workers) Act 2012 states — The following provisions shall, in so far only as they are inconsistent with this Act, not apply to an agency worker to whom this Act applies:

• ( a) sections 7 and 8 of the Employment Equality Act 1998; and

• ( b) subsection (4) of section 7 of the Protection of Employees (Part-Time Work) Act 2001.

Determination

7 The Complainant is precluded from taking a case under the Employment Equality Act by reason of section 9 of the Protection of Employees (Temporary Agency Work) Act 2012. Then Complainants appeal cannot succeed and it is dismissed. The Decision of the Adjudication Officer is...