Mulholland v QED Recruitment Limited Posted In: Case Law
Case Reference IEHC 151
Legal BodyHigh Court of Ireland (IEHC)
Type of Claim / JurisdictionA-Typical Working, Tribunal Practice, Procedures and Jurisdictional Issues
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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