EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Maura Penkert PW254/2012
against the recommendation of the Rights Commissioner in the case of:
Emerald Contract Cleaners Ireland Limited
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr N. Russell
Members: Mr J. Browne
Mr F. Dorgan
heard this appeal at Waterford on 8th January 2014 and 13th May 2014
Representation:
Appellant: Ms Ger Malone, SIPTU, Liberty Hall, Eden Quay, Dublin 1
Respondent: Sharon Carey, HR Manager for the respondent.
This case came to the Tribunal by way of an appeal by the employee against the decision of the Rights Commissioner Ref: r-117343-pw-11/MMG
Claimant’s case:
The claimant told the Tribunal that she was paid her wages on the basis of a back week and therefore ought to have been paid one week’s wages on the pay day after the week in which she was dismissed. However this was not paid to her.
The claimant was also due 18 hours holiday pay up to the date of her dismissal but was only paid for 10 hours and therefore sought payment of the remaining 8 hours.
Respondent’s case:
The respondent provided no evidence in respect of having made these payments and did not contest the appellant’s appeal.
Determination:
Based on the uncontested evidence of the appellant the Tribunal awards her €177.66, being one week’s wages in respect of her back week plus eight hours holiday pay, under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)