EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: Zbigniew Beltowicz, - appellant against the recommendation of the Rights Commissioner in the case of: Temple Mechanical Contractors Limited (In Liquidation) - respondent under PAYMENT OF WAGES ACT, 1991 | CASE NO. PW277/2011 |
I certify that the Tribunal (Division of Tribunal) Chairman: Ms 0. Madden B.L. Members: Mr M. Murphy Mr F. Keoghan heard this appeal at Trim on 23rd May 2012 | This determination must be read in Conjunction with the Higher Court Order No, 2013/101 MCA |
Representation:
Appellant(s) : Mr. Richard Grogan, Richard Grogan & Associates Solicitors, 16 & 17 College Green, Dublin 2
Respondent(s) : no appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:-
This case came before the Tribunal as a result of an appeal by the employee (the appellant) against a decision of the Rights Commissioner under the Payment of Wages Act, 1991 ref. r101563-pw-10/JC.
Determination
The Tribunal is satisfied that all parties were properly notified of the hearing. There was no appearance by or on behalf of the respondent.
The appellant seeks to establish that during a period of lay off in respect of the period 16 June 2010 to the 30 November 2010 that he was entitled to be paid his weekly wage by the employer.
The case of John Lawe —v- Irish Country Meats (Pig Meats) Ltd. [1998] ELR 266, has been relied upon by the appellants to advance their case.
The Tribunal finds that the layoff which was implemented in the respondent company was lawfully implemented. As a result of the downturn in the construction industry at that time the company was not in a position to pay a workforce for work it did not have.
The Tribunal upholds the decision of the Rights Commissioner under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This________________________
(Sgd.)______________________
(Chairman)
This determination must be read in Conjunction with the Higher Court Order No. 2013/101 MCA |
|
THE HIGH COURT 2013 No 101 MCA
IONDAY THE 22" DAY OF JULY 2013
BEFORE MR JUSTICE HEDIGAN
IN THE MATTER OF THE REDUNDANCY PAYMENTS ACTS 1967 TO
2007 AND IN THE MATTER OF AN APPEAL PURSUANT TO THOSE
ACTS
BETWEEN:
ZBIGNIEW BELTOWICZ
APPELLANT
AND
TEMPLE MECHANICAL CONTRACTORS LIMITED
RESPONDENT
AND
THE EMPLOYMENT APPEALS TRIBUNAL
NOTICE PARTY
Upon Motion of Counsel for the Appellant made unto the Court this day pursuant to Notice of Motion herein dated the 3RD day of April 2013 for relief under the Redundancy Payments Acts 1967 to 2007 ( the 'Acts') in the following terms:
referred to as "the EAT") erred in law and fact in determining that the date of termination of the contract of employment was the 12th April, 2010.
Court may appear necessary or proper. |
THE HIGH COURT
4, if this Honourable Court should consider it necessary or proper to do so, an Order remitting the request the subject matter of this appeal for further consideration and/or determination by the EAT in accordance with law and in accordance with such orders and/or directions as this Honourable Court may make herein.
5, Such farther or other relief as to this Honourable Court it may seem fit to grant.
6, The Costs of this appeal.
Whereupon and on reading said Notice of Motion the Affidavit of Richard Grogan filed on the said date and the documents and exhibits respectively referred to therein and upon hearing said Counsel and there being no attendance by or on behalf of the Respondent or Notice Party
THE COURT DOTH DECLARE
- th April, 20I0. and accordingly cloth so Order
2, that the correct date of termination of employment was the 30 November, 2010,and accordingly doth so Order
And IT IS ORDERED that the Respondent do pay to the Appellant the costs of this Appeal when taxed and ascertained
MARIANNE WHITE
MASTER'S REGISTRAR
Perfected 25thJully 2013