EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Mohamad Waseem - appellant PW269/2013
against the decision of the Rights Commissioner in the case of:
Agita Laugale - respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr T. Gill
Ms H. Henry
heard this appeal at Galway on 8th April 2014
Representation:
_______________
Appellant(s) : Ms. Niamh McGovern, McGovern & Associates, Solicitors,
Equity House, Dublin Road, Carrick-On-Shannon, Co Leitrim
Respondent(s) : Mr. Adrian Harris, Padhraic Harris & Co., Solicitors,
Merchants Gate, Merchants Road, Galway
This case came before the Tribunal by way of an appeal by the employer (appellant) against the decision of the Rights Commissioner reference (r-123682-pw-12) under the Payment of Wages Act, 1991.
Summary of Case
The appellant employer gave evidence that the respondent employee never worked for his fast food take-away business.
The respondent employee gave evidence that she worked for the appellant from 14 December 2010 to 20 June 2011 taking deliveries of food and serving customers. She was to be paid €8.65 per hour but never received any payment for hours worked during her employment. She gave evidence that she was constantly receiving assurances that she would be paid and was surviving on her savings at that time. She told the Tribunal she accessed the job through her then partner (now husband) who also worked for the appellant employer and had refugee status at the time. His status has now been regularized.
Determination
The Tribunal is satisfied that exceptional circumstances existed which prevented the presentation of the complaint within the period of 6 months beginning on the date of the contravention to which the complaint relates. Accordingly pursuant to section 6 (4) of the Payment of Wages Act 1991 the Tribunal extends the time period allowed thus making it a legitimate claim.
The Tribunal after careful consideration of the evidence adduced prefers the evidence of the respondent employee and in doing so upholds the decision of the Rights Commissioner and awards the respondent employee the sum of €631.45 under the Payment of Wages Act 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)