Alan Haugh BL was a practicing barrister, specialising in employment and industrial relations law, until his appointment as Deputy Chairman of the Labour Court in September 2015. Alan was previously Head of Employment Law at IBEC, Legal Adviser to NERA, and a Senior Associate at A&L Goodbody. He advised the Department of Jobs, Enterprise and Innovation during the course of the drafting of the Workplace Relations Act 2015.
Alan Haugh BL writes:
Mulholland v QED Recruitment Limited [2015] IEHC 151
Introduction
This is the first decision of the High Court under the Protection of Employees (Temporary Agency Work) Act 2012 (‘the 2012 Act’). The matter came before the High Court by way of an appeal on a point of law from a determination of the Labour Court. Both the Rights Commissioner, at first instance, and the Labour Court, on appeal, had found that Mr Mulholland’s complaints under the 2012 Act were not well-founded.
The following propositions can be inferred from the judgment delivered by the President of the High Court, Kearns P:
(i) a claimant under the 2012 Act must establish that a contractual term, collective agreement, or
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