EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYER (appellant) PW126-PW130/2012
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE 1 (respondent 1)
EMPLOYEE 2 (respondent 2)
EMPLOYEE 3 (respondent 3)
EMPLOYEE 4 (respondent 4)
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr F. Moloney
Mr F. Barry
heard this appeal at Dublin on 8th July 2013 and 24th September 2013
Representation:
_______________
Appellant(s) : In person
Respondent(s) : Mr. Adrian Kane, Branch Organiser, Siptu, George's Street, Newbridge, Co Kildare
The decision of the Tribunal was as follows:
For clarification purposes the appellant will be referred to as employer and the respondents’ as employees’.
Preliminary Issue
The employees’ representative submitted that the employer did not comply with the mandatory statutory requirements for the making of a valid appeal to the Tribunal, pursuant to the provisions of Section 7(2) (b) of the Payment of Wages Act, 1991. The Tribunal heard evidence from both parties and was satisfied that on the balance of probabilities, the employer complied with Section 7(2) (b).
Summary of evidence
The employer is appealing the decision of the Rights Commissioner on the basis that the appeal was out of time and in any event it was a reduction in the overtime rate, which, according to the employer, reductions are not covered by the Payment of Wages Act, 1991.
The employer also submitted that no provision exists in the legislation for on-going contraventions or reductions.
The employees’ representative relied on Section 5 (6) of the Payment of Wages Act, 1991, in that wages that were properly payable were not in fact paid.
Oral and written submissions were made to the Tribunal with both parties referring to case law for consideration as evidence.
Determination
This Tribunal is satisfied that the infringements of the Payment of Wages Act, 1991, in this instance, are of an on-going basis.
The Tribunal is of the view that the Rights Commissioner’s interpretation of Section 6 (4) of the Payment of Wages Act, 1991, is correct and in line with EAT previous decisions on this issue and therefore upholds the Rights Commissioner’s decision of the 15th March, 2012.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)