Q.E.D. Contracts Ltd Trading as Q.E.D. Recruitment (Represented by Cathal McGreal, B.L., Instructed by Ferrys, Solicitors) v Rachel Hickey (Represented by Dave Murphy)

• Jurisdiction: Ireland
• Judgment Date: 14 February 2020
• Judgment citation (vLex): [2020] 2 JIEC 1407
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.UDD2011 ADJ-00014534 CA-00018891-001
• Date: 14 February 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

Q.E.D. Contracts Limited Trading as Q.E.D. Recruitment (Represented by Cathal McGreal, B.L., Instructed by Ferrys, Solicitors)

and

Rachel Hickey (Represented by Dave Murphy)

FULL RECOMMENDATION

UD/19/133

DETERMINATION NO.UDD2011

ADJ-00014534 CA-00018891-001

Labour Court

DIVISION:

Chairman: Mr Geraghty

Employer Member: Mr Murphy

Worker Member: Ms Treacy

SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No. ADJ-00014534.

BACKGROUND:

2 2. The Complainant appealed the Decision of the Adjudication Officer to the Labour Court on 19 June 2019 in accordance with Section 8 A of the Unfair Dismissals Act 1977 to 2015. A Labour Court hearing took place on 5 February 2020. The following is the Determination of the Court:-

DETERMINATION:

Background

3 This is an appeal by Ms. Hickey, ‘the Complainant’, of a Decision by an Adjudication Officer, ‘AO’, under the Unfair Dismissals Acts 1977 to 2015, ‘the Acts’, that she had not been constructively dismissed by QED Contracts Ltd., ‘the Respondent’.

4 The Respondent is an employment agency. The Complainant is an agency worker who had been placed by the Respondent in a job with DHL (Ireland) in 2010.

5 The Complainant states that she was constructively dismissed by the Respondent on 6 November 2017.

6 In May 2014 the Complainant had gone on sick leave from her job with DHL. It is a matter of contention between the parties as to her status in the period between that date and 6 November 2017.

7 Preliminary Issue

8 Before considering any substantive aspect of the complaint, the Respondent's representative drew the Court's attention to s.13 of the Unfair Dismissals (Amendment) Act 1993 which reads as follows;

9 13.—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...