This claim related to an agency worker but was taken before the effective date of the EU Directive on Temporary Agency Work 2008/104/EC, 5 December 2011, and the Protection of Employees (Temporary Agency Work) Act 2012 which came into force on 16 May 2012.
The claim was not upheld and was handled by the Equality Officer in accordance with the arrangements in the Employment Equality Acts in force at the relevant time. At that time agency workers could only compare themselves to another agency worker and the employer was considered to be the entity that paid the worker.
The Equality Officer found that the complainant’s assertions could not be elevated to the status of evidence and he failed to establish a prima facie case. In relation to the harassment allegations it was found that the employer was entitled to rely on the defence in section 14A because the complainant had not reported the alleged incidents.
Read the full case review here:
http://www.labourcourt.ie/en/Cases/2014/January/DEC-E2014-002.html
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