ISM Recruitment v Jan Brocki [2023]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: Agency Workers –Terms and Conditions – Similar Treatment – Delay in making Labour Court appeal


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

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This article is correct at 05/10/2023

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Paul D Maier BL

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