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Labour Court overturns €2,500 award to agency worker on employer’s appeal

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court overturned a €2,500 award to Mr Andrzej Wrodarczyk after allowing an appeal by his employer, CPL Solutions Limited T/A Flexsource Solutions. The Court’s determination was dated 16 October 2020.

Mr Wrodarczyk was an agency worker placed at Tesco Ireland Distribution Centre in Donabate. He complained that he could not bring a representative from the hirer’s workforce to disciplinary meetings. The Adjudication Officer upheld his complaint under the Protection of Employees (Temporary Agency Work) Act 2012 and awarded €2,500.

The Labour Court found that representation at disciplinary meetings was outside the Act’s definition of basic working and employment conditions. It held that the claim was misconceived in law, overturned the Adjudication Officer’s decision and allowed the employer’s appeal.

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