Swissport is to be called before the Workplace Relations Commission (WRC) after a recruiter hit with a pay claim by a temporary worker said it supported his case – but that the airport firm should have paid the man a €1,000 bonus.
At a hearing on Thursday, MK Human Resources Ltd, trading as Temple Recruitment, said it should not be held liable in a claim under the Payment of Wages Act 1991 by Ramon Nunez, whom it placed with Swissport for last year’s summer travel season.
Admitting that it was a “peculiar” position to take, the recruitment firm’s managing director, Geraldine O’Loane, confirmed it was supporting Mr Nunez in his claim for the payment and asked the employment tribunal to summon Swissport as a second respondent in the case.
Mr Ramon Nunez told the WRC he had passed his probation and stayed in the role for more than the six months required to qualify for the payment, which he said had been promised to him by an employee of Temple Recruitment over WhatsApp when he received the job description.
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“We contracted approximately 120 people to Swissport for that summer season. All staff who remained for the summer season would receive the sign-on bonus. We were assured by Swissport that our staff would receive it,” Ms O’Loane said. “It’s quite peculiar that we are in support of this man’s claim,” she said.
Ms O’Loane said her firm had advised Mr Nunez that he should lodge complaint papers against Swissport, but that he had been advised by WRC staff that he was out of time to do so when he made inquiries of the employment tribunal.
“We said it would strengthen his claim to have Swissport here. Swissport should be here as a third party,” she said.
Adjudicating officer Brian Dalton referred to the legislation on agency workers and put it to Ms O’Loane that her company’s position was that “You have a liability but you can be indemnified.”
Ms O’Loane said, “The job description was issued for all these workers. The Swissport job description stated there was a €1,000 sign-on bonus.”
Ms O’Loane said that of the original 120 staff recruited by her firm for last year’s summer season, about 80 were left when the bonus entitlement kicked in at the end of the season on October 31st.
“We couldn’t get the numbers. We reckon 50 people were taken on permanently. Those 50 people were given their €1,000 for completing up to October,” she said.
The recruitment firm boss said Mr Nunez had a full attendance record, the same as the 50 taken on permanently, but had “declined” to continue with the job.
“Swissport offered [to] me to stay, but I didn’t like the job, so I didn’t,” Mr Nunez said.
He gave evidence on affirmation that he had started the position on April 26th, 2022 and finished up on November 29th, and said he ought to have received the bonus when a contract document was issued to him.
“You’ve an issue that you didn’t get paid. They’ve an issue that somebody else said they would pay,” Mr Dalton told the complainant.
“I will call in Swissport,” the adjudicator said, and adjourned the matter to a date yet to be set by the WRC.
