WRC dismisses two agency work complaints against Tesco

The Workplace Relations Commission dismissed Victor Ogiem Udia’s two complaints against Tesco Ireland Limited under the Protection of Employees (Temporary Agency Work) Act, in a decision dated 1 March 2024. The merits were not decided. Udia worked for OCS Limited and was assigned to Tesco stores as a security guard. After a store manager requested his removal, he was laid off while OCS looked for another role. Tesco argued that OCS supplied managed security services rather than agency workers. The officer found that OCS employed Udia and provided Tesco with a managed service, rather than agency staff under Tesco’s direction and control. The WRC therefore found it had no jurisdiction to hear the complaints.