ISM Recruitment v Jan Brocki [2023]
Decision Number: AWD231 Legal Body: Labour Court
Published on: 05/10/2023
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Paul D Maier BL Barrister
Paul D Maier BL Barrister
Paul maier

Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.

Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.

Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.

Background

Background:

The Complainant is a lorry driver engaged by the Respondent, ISM Recruitment, which places the Complainant to work in a third-party company as a driver. The Complainant was successful before an Adjudication Officer in establishing that he was provided the same “basic working and employment conditions” as an employee of the firm in which he was posted. However, the Complainant believed he was entitled to a greater award than the €4,336.07 which he received as there were other benefits he did not receive and which he believed comprised part of his “basic working and employment conditions”. In addition, the Complainant said he had not yet been paid the full amount required by the Adjudication Officer’s decision.

The Complainant

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 05/10/2023
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