PW342/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                CASE NO.

EMPLOYEE                                                                                                PW342/2012

against the recommendation of the Rights Commissioner in the case of:

EMPLOYEE                        

-v-

EMPLOYER                                                

under

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms N. O'Carroll-Kelly BL

Members:        Mr. C. Lucey

                        Mr. P. Trehy

heard this appeal at Dublin on 10th October 2013

Representation:

Appellant: REP- EMPLOYER

Respondent: Ms Catherine Ardagh, Ardagh, Solicitors, 168 Walkinstown

                  Road, Dublin 12

Background:

This case is before the Tribunal by way of an employee appealing the Decision of a Rights Commissioner under the Payment of Wages Act 1991, ref: r-120561-pw-12/JW, PW342/2012.

It must be noted that there is a contra appeal by the employer of the Decision of a Rights Commissioner under the Payment of Wages Act 1991, re ref: r-120561-pw-12/JW of which a separate Determination is given.

The employee was employed as a teacher, she gave evidence to the Tribunal that she applied for a position in the respondent school/VEC. At the interview she told them that she was qualified to teach Biology and science but that she was not qualified to teach maths. She gave them her registration number so that they could check her qualifications. She was taken on and was paid the unqualified rate until she sent her qualifications to her employer. She sent in her documentation but the administration kept losing her documentation.  

Regarding the documentation she sent in there was an error on it in that she mistakenly hand wrote in that she was qualified to teach maths.   She explained to the Tribunal why this was so and that she had not intended to mislead the employer.   She also explained the qualifications required to be a registered teacher. She was qualified but not registered. But she could teach some classes in maths i.e. the 2^nd year and 3^rd year classes. She is claiming that she should be paid the qualified rate.

The employer contended that the teacher had to be qualified to teach biology science and maths. She was not qualified to teach maths.

Determination:

The Tribunal determines that the appeal of the employee under the Payment of Wages Act 1991, ref: r-120561-pw-12/JW, PW342/2012, fails because the employee was not registered to teach all subjects advertised in the post.   The employee was and is only entitled to the unqualified rate of pay and she was paid that amount. The Rights Commissioner Decision ref: r-120561-pw-12/JW is therefore set aside.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)