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:
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 appealed by email to the Labour Court on 6 July 2023, one day prior to the expiry of the 42-day appeal period required by the Labour Court. However, the Court found as a fact that the Court’s email system rejected this email, causing the appeal to be delayed. The Court found this to be an “exceptional circumstance” and allowed the appeal to be heard.
Outcome:
The Labour Court (Geraghty, Doyle, Bell) found the Complainant provided no further evidence that his losses were greater than the €4,336.07 which was awarded at adjudication. The Court found that bonus payments are excluded from consideration as part of “basic working and employment conditions”. Therefore, the Court affirmed the decision of the WRC and required the Respondent to pay the remainder of the award owed to the Complainant.
Practical Guidance for Employers:
Employers are often advised (correctly) to make a distinction between contractors and employees in the workplace to ensure contractors are not construed to have become employees. However, the Protection of Employees (Temporary Agency Work) Act, 2012 requires the same treatment between employees and contractors in respect of “basic working and employment conditions”.
The full case is here:
https://www.workplacerelations.ie/en/cases/2023/september/awd231.html
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