Mulholland v QED Recruitment Limited [2015]

Posted In: Case Law
  • Case Reference
    [2015] IEHC 151
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
    Flexible Working, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Protection of Employees (Temporary Agency Work) Act 2012; Comparator; Labour Court Procedures


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 some other entitlement or agreement generally applies to

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This article is correct at 20/04/2015

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Alan Haugh BL
Deputy Chairman of the Labour Court

The main content of this article was provided by Alan Haugh BL. Contact telephone number is 00353876896055 or email

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