The Labour Court found Eric McGrath’s complaint against Noel Recruitment (Ireland) Limited well founded and awarded him €25,000, including €19,847.40 for lost income. The determination was dated 18 May 2016.
McGrath appealed after a Rights Commissioner struck out his complaint when he did not attend the hearing. He said he worked alongside directly employed hospital staff who received higher pay and better conditions. Noel Recruitment said it employed him, assigned him to Glenbeigh Records Management and paid him based on information from Glenbeigh.
McGrath first boxed x-ray files for off-site storage at University Hospital Waterford. When that work ended, he took on clerical duties under hospital management. The Court found Glenbeigh was the hirer for the x-ray work, but the hospital became the hirer when it directed and supervised his later work. It said Noel Recruitment had to know how its employee was deployed and ensure his statutory entitlements were met.