The Labour Court found nine agency workers’ complaints against O’Reilly Recruitment Limited well founded and directed the company to adjust their pay to €10.08 an hour from 5 December 2011. The determination, dated 3 February 2014, set aside the Rights Commissioner’s decision.
The complainants were Magdalena Zaremba, Kinga Wojtowicz-Kania, Malgorzata Sasin, Dorota Dabrowska, Julita Dabrowski, Mariusz Kalinowski, Ewa Staniszewska, Beata Pampuch and Arkadiusz Pampuch. Represented by SIPTU, they said they did the same or similar work as directly employed staff, who generally earned €10.08 an hour. O’Reilly Recruitment argued that the relevant rate was €8.65, based on what the hirer said it would have paid new recruits. The Court found that the general rate actually paid to direct workers was the correct comparison.