PW757/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                    CASE NO.

EMPLOYEE - appellant                                                                                    

                                                                                                                               PW757/2012

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

EMPLOYER - respondent

under

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms P. McGrath B.L.

Members:     Mr T. O'Grady

                      Mr F. Keoghan

heard this appeal at Dublin on 5th November 2013

Representation:

_______________

Appellant(s) :    

Respondent(s) : No appearance by or on behalf of respondent

This case came before the Tribunal by way of an appeal by the employer (appellant) against the decision of the Rights Commissioner (r-124258-pw-12/JW) under the Payment of Wages Act, 1991.

Determination

The Tribunal is satisfied that both parties were properly on notice of the hearing. There was no appearance by the respondent at the hearing. The Tribunal considered the uncontested evidence of the appellant employer in the course of the de novo hearing. The Tribunal notes that the respondent herein continues in the employment of the appellant employer and that the salary cut has been partly reversed. The Tribunal is satisfied that the employer has not breached the provisions of the Payments of Wages Act, 1991 and in the circumstances allows the appeal and upsets the decision of the Rights Commissioner.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)