PW94/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

PW94/2014

APPEAL(S) OF:                                                                                            

Conor Cahill – appellant                                                                                

v

Castlecool Limited – respondent

against the recommendation of the Rights Commissioner in the case of:

Conor Cahill

V

Castlecool Limited

under

PAYMENT OF WAGES ACT 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:        Ms. M.  Levey B.L.

Members:        Mr. T.  O'Sullivan

                        Mr O.  Nulty

heard this appeal at Monaghan on 26th March 2015 and 21st May 2015

Representation:

_______________

Appellant(s) :              In person

Respondent(s):            Mr Andrew Pierce, AF Pierce Consulting Services, Jachin, Drumbrick, Carrigallen, Co Leitrim

This case came before the Tribunal by way of an employee appealing the decision of a Rights Commissioner under the Payment of Wages, 1991, ref: r-135171-pw-13/SR.

The decision of the Tribunal was as follows:-

Summary of Appellant’s Case:

The appellant was employed as a fork lift driver at the respondent company’s chilled foods facility.  He was employed from March 2011 until November 2012.  Prior to commencing in the role the appellant was informed that a temporary pay arrangement was in place whereby employees were not paid beyond 39 hours on Monday to Friday shifts.

He had an issue with the pay structure and not being paid for time after 5pm.  He disputed that his hours worked averaged at 41 to 41.5 hours per week.  He raised questions on the pay structure.  He understood it was meant to be temporary. 

Summary of Respondent’s Case:

A new pay structure was introduced in 2009 whereby employees were paid only for 39 hours for Monday to Friday.  Any further hours were not paid.  The flat rate of pay was increased by €1 per hour to acknowledge this.  This was done to cap the wages bill when the company was in financial difficulty.  On average employees worked 41 to 41.5 hours per week.  The respondent joined when this was in place.

Determination:

Based on the evidence adduced the Tribunal upholds the decision of the Rights Commissioner (ref: r-135171-pw-13/SR) that the arrangement of a fixed weekly payment was in place prior to his commencement and that claimant was paid in accordance with that arrangement.  Accordingly the appeal under the Payment of Wages Act, 1991, fails.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)