EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Marcin Wilkocki, PW46/2013
TE27/2013
against the recommendation of the Rights Commissioner in the case of:
MBCC Foods (Ireland) Limited,
under
PAYMENT OF WAGES ACT, 1991
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr F. Moloney
Mr T. Brady
heard this appeal at Dublin on 25th March 2014
Representation:
Appellant : Richard Grogan & Associates, Solicitors, 16 & 17 College Green, Dublin 2
Respondent : Ms Catherine Day, Peninsula Business Services (Ireland) Limited,
Unit 3, Ground Floor, Block S, East Point Business Park, Dublin 3
This case came before the Tribunal by way of an appeal against a Rights’ Commissioner’s recommendation references r-124918-pw-12/EH and r-124919-te-12/EH
The decision of the Tribunal was as follows:
Having heard and considered submissions from both parties and brief evidence the Tribunal varies the recommendation under the Payment of Wages Act, 1991. The action of the respondent in deducting a sizable sum from the appellant’s remuneration in one transaction was unreasonable and unfair to him. The appeal succeeds and the appellant is awarded €500.00 as compensation under that Actfor that action.
The Tribunal also reaffirms the original award of €397.74 for holiday pay under the Payment of Wages Act, 1991.
The appeal under the Terms of Employment (Information) Act, 1994 and 2001 is upheld and the Tribunal reaffirms the Rights’ Commissioner’s recommendation in awarding him €300.00 under those Acts. The Tribunal finds that there were minor technical breaches in the respondent’s handling of the appellant’s terms and conditions of employment. Those breaches, however, did not extend to a lack of a date and signature on the respondent’s part.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)