Labour Court varies Michael John Hogan’s award to €976.40 on CLS Recruitment appeal

The Labour Court varied the €1,756.88 award to Michael John Hogan to €976.40 after finding CLS Recruitment Group Ltd breached agency-worker pay rules. Hogan, the complainant and appellant, worked as a shuttering carpenter at PJ McLoughlin Ltd’s Nenagh Swimming Pool site. The determination was signed on 1 December 2015. Hogan said his hourly rate and related payments were lower than those of a directly employed carpenter doing the same work. CLS said he was paid according to his contract and had not provided evidence to support the comparison. The Court found CLS did not dispute that Hogan received a lower rate and could not provide evidence about the comparator’s terms. Hogan withdrew a separate complaint about a weekly allowance at the hearing. The Court varied the Rights Commissioner’s decision and ordered CLS to pay €976.40 in compensation.