The Labour Court overturned €32,000 in compensation awarded against Tesco Ireland Limited T/A Tesco Coonagh Limerick after the company appealed. The determination was signed on 3 April 2018.
The Adjudication Officer had upheld Marek Pawlisiak’s complaints that Tesco failed to make reasonable accommodation for his disability and victimised him, awarding €16,000 for each. Pawlisiak worked as a security guard at Tesco’s Coonagh store but was employed and paid by Noonan Services Group Limited.
Pawlisiak argued that Noonan supplied agency workers and Tesco was the hirer, or that an employment contract existed between him and Tesco. Tesco said Noonan provided managed security services, not agency personnel. The Court found Noonan provided security services and did not supply staff to work under Tesco’s supervision and direction. As Noonan paid Pawlisiak, the Court concluded Tesco was not his employer for the purposes of the Employment Equality Act. It found both complaints not well founded, allowed the appeal and set aside the Adjudication Officer’s decision.