EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
PW167/2012
Employee - appellant TE79/2012
WT167/2012
PE2/2012
against the recommendation of the Rights Commissioner in the case of:
Employer - respondent
under
PAYMENT OF WAGES ACT, 1991
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
ORGANISATION OF WORKING TIME ACT, 1997
EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYMENT) REGULATIONS 2000
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B. L.
Members: Ms J. Winters
Mr N. Dowling
heard this appeal at Trim on 11th December 2013
Representation:
_______________
Appellant: In Person
Respondent: Michael O'Byrne, Solicitors, Kenlis Place, Kells, Co Meath
Determination
This case came before the Tribunal by way of an employee appeal of the Rights Commissioner Recommendation and Decisions ref: r-114454-te-11/JC, r-114457-wt-11/JC, r-114460-pw-11/JC and r-114462-pe-11/JC.
By the appellant’s admission no transfer of undertakings took place, therefore the appeal of the Rights Commissioner Decision r-114462-pe-11/JC is dismissed.
The respondent accepts that the appellant was not in receipt of terms and conditions of employment. The Tribunal upsets the Rights Commissioners Recommendation and awards the appellant €2,026.00 in compensation.
The appellant received a cheque for €549.97 in or around August 2011. He presumed this was for his last week’s pay owed to him. It transpired at the hearing that this cheque was in fact for outstanding holiday pay due to the appellant. The Tribunal dismiss the appeal of the Rights Commissioner Decision r-114457-wt-11/JC.
The Tribunal are satisfied that the appellant did not receive his last week’s pay and award him €506.50, upsetting the Rights Commissioner Decision ref: r-114460-pw-11/JC.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)