Szymanski v DSV Solutions Ltd

• Jurisdiction: Ireland
• Judgment Date: 02 July 2015
• Judgment citation (vLex): [2015] 7 JIEC 0205
• Date: 02 July 2015
• Docket Number: UD1124/2013,RP767/2013
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. UD1124/2013

RP767/2013

CLAIM OF:

Damian Szymanski

and

DSV Solutions Limited

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

REDUNDANCY PAYMENTS ACTS 1967 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms P. McGrath B.L.

Members: Mr D. Peakin

Ms. E. Brezina

heard this claim at Dublin on 2nd July 2015

1 The determination of the Tribunal was as follows:

2 The Tribunal has carefully considered the submissions made by the legal representatives for the parties in this case.

3 The matter came before this division of the Employment Appeals Tribunal on foot of a workplace relation complaint form filed with the Employment Appeals Tribunal on the 11th of September 2013. The form claims unfair dismissal against the employer known as Grafton Recruitment (GR) with a registered address at 78 Walkinstown Road, Dublin 12, a well-known workplace placement agency operating within the jurisdiction of this State. The form details the work address being DSV Packaging operating in Tougher Business Park in Naas.

4 The Tribunal notes that the employer GR is cited in the workplace relations complaint form as two addresses-the registered office and the address at Tougher Business Park. In so far as the Tribunal can rely on those details outlined in the complaint form, it is worth noting that the claimant states he was dismissed on the 7th of May 2013 by an individual from GR.

5 It was indicated to the sitting division of the Tribunal that this matter came before another division of the Tribunal some eight months ago when the claimant and the entity known as GR came before the Tribunal for hearing. At that time, representatives for the entity known as GRsuccessfully argued that GR should be released from those proceedings in light of the provisions of section 13 of the Unfair Dismissals Act, 1993, which section provides that the end user of the services provider by an individual placed by an employment agency shall be liable for any redress awarded under the Unfair Dismissals legislation. Accordingly, the section provides that the individual shall be deemed an employee of the end user under a contract of employment for the purposes of the Act.

6 This division of the Tribunal has therefore been told that GR successfully argued that for the purpose of Unfair Dismissal legislation only, the entity known as DSV Packaging should have been considered as the correct employer in circumstances where...