EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employer - appellant PW75/2011
TE33/2011
against the recommendation of the Rights Commissioner in the case of:
Employee - respondent
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 BL
Members: Mr. R. Murphy
Mr. M. O'Reilly
heard this appeal in Dublin on 30 January 2014
Representation:
_______________
Appellant(s):
No legal representation
Respondent(s):
No attendance or representation at the 30 January 2014 Tribunal hearing
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employer appeal against Rights Commissioner Recommendation r-089821-ud-10/MMG under the Payment of Wages Act, 1991, (by which the employee was awarded the sum of €650.00) and the Terms of Employment (Information) Acts, 1994 and 2001, (by which the employee was awarded the sum of €500.00).
Contact was established with the absent respondent who had thought that the Tribunal hearing had been cancelled but was glad that MR from the appellant company was well enough to attend. The respondent left the matter in the hands of the Tribunal saying that the case had been going on for years and that the Tribunal had all the papers.
Giving sworn testimony, MR said that he was a shareholder of the appellant company and that the respondent had worked for the company from March 2009 to October 2009. Asked if he had evidence that the company had served a copy of its appeal notice on the respondent within six weeks of its receipt of the abovementioned Recommendation, MR replied: “It could be on the laptop.” He added that the appellant company had no problem about the €650.00 awarded under the Payment of Wages Act, 1991, but rather a much larger award made against it under other legislation.
Regarding the appeal related to terms of employment, MR was told that the Tribunal wanted evidence of a signed statement of terms and conditions for the respondent’s employment with the appellant. The Tribunal gave MR two weeks to furnish the said statement.
Determination:
The appeal against Rights Commissioner Recommendation r-089821-ud-10/MMG under the Payment of Wages Act, 1991, (by which the employee was awarded the sum of €650.00) fails because it was not established to the satisfaction of the Tribunal that the appellant company had complied with Section 7 (2) (b) of the said Payment of Wages Act, 1991.
The appeal against Rights Commissioner Recommendation r-089821-ud-10/MMG under the Terms of Employment (Information) Acts, 1991, (by which the employee was awarded the sum of €500.00) fails because it was not established to the satisfaction of the Tribunal that there was a signed statement of terms of conditions which had been given to the respondent.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)