EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYER - appellant PW347/2012
TE167/2012
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE - respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr M. Carr
Mr N. Dowling
heard this appeal at Mullingar on 16th December 2013
Representation:
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Appellant(s) : Oliver O'Sullivan & Co, Solicitors, Castlepollard,
Co Westmeath
Respondent(s) : Warren Parkes, Solicitors, Suite 317, The Capel Building,
Mary's Abbey, Dublin 7
This case came before the Tribunal by way of an appeal by the employer (appellant) against the recommendation/decision of the Rights Commissioner under the Terms of Employment (Information) Acts 1994 and 2001 reference (r-110858-te-11/JW) and the Payment of Wages Act, 1991 reference (r-110860-pw-11/JW).
Determination
The Tribunal carefully considered the evidence adduced by the parties in this case. The Tribunal is satisfied that the appellant employer did not comply with the provisions of section 3 (1) of the Terms of Employment (Information) Act 1994 and 2001. Accordingly the Tribunal upholds the recommendation of the Rights Commissioner and awards the respondent employee compensation in the sum of €1,800.00 under the said Act.
In respect of the appeal under the Payment of Wages Act, 1991 the Tribunal is satisfied that the grounds of this appeal are well founded. The Tribunal finds that the respondent employee was paid for work carried out and the appellant employer was entitled to pay him for a full day’s work or a half day’s work depending on what work the respondent employee had actually done. The Tribunal is satisfied that he was paid for the actual hours he worked.
Accordingly the Tribunal finds that this appeal succeeds and upsets the decision of the Rights Commissioner in respect of Complaint 1 under the Payment of Wages Act 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)