EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Jacek Szumski
- appellant PW252/2014
against the recommendation of the Rights Commissioner in the case of:
Clongill Property Developments Limited in Liquidation/Receivership
- respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr D. Moore
Ms. N. Greene
heard this appeal at Dublin on 13th February 2015
Representation:
Appellant(s) : Mr. Blazej Nowak, 107 Amiens Street, Dublin 1
Respondent(s) : No appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of the employee appealing a decision of the Rights Commissioner reference R-140186-PW-13/EOS under the Payment of Wages Act, 1991.
Determination
The Tribunal is satisfied that all parties including the liquidator and the receiver were on notice of the hearing. There was no appearance by or on behalf of the respondent.
The appellant commenced employment with the respondent company on the 1 September 2008. On the 5 December 2008 he suffered an injury in the workplace. The appellant was fit for work in April 2013 and told the Tribunal he wrote to the respondent company in and around this time seeking clarification of his status. He received no communication from the respondent company. A liquidator was appointed to the respondent company in November 2013. The appellant commenced new employment in May 2013.
The Tribunal carefully considered the evidence. The appellant provided no documentation supporting his claim that he had contacted the respondent regarding his fitness to return to work in April 2013. The appellant could not recall when he submitted his final medical certificate to the respondent. By the appellant’s own admission he gained alternative full time employment in May 2013.
The Tribunal note that the appeal under the Payment of Wages Act covers the period April 2013 to November 2013. In all the circumstances the Tribunal find that the appellant did not consider himself an employee of the respondent company from May 2013 having successfully gained alternative employment. The appeal under the Payment of Wages Act 1991 fails and the decision of Rights Commissioner is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)