EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Ann Mc Namara PW317/2012
- appellant no.1
Gerard Cantillon
- appellant no. 2 PW318/2012
Dermot Power
- appellant no. 3 PW320/2012
John O'Flaherty
- appellant no. 4 PW321/2012
Marie Walsh
- appellant no. 5 PW323/2012
Majella Cleary
- appellant no. 6 PW324/2012
Joseph Fitzgerald
- appellant no. 7 PW325/2012
Josephine Sheedy
- appellant no. 8 PW326/2012
Catherine Ryan
- appellant no. 9 PW327/2012
against the decisions of the Rights Commissioner in the case of:
Moyross Community Enterprise Centre Ltd
- respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Mr T. Gill
Ms H. Kelleher
heard these appeals at Limerick on 10th February 2015
Representation:
Appellant: Mr Ger Kennedy, Siptu, Liberty Hall, Dublin 1
Respondent: In person.
These cases came before the Tribunal by way of the appellants (employees) appealing against the decisions of the Rights Commissioner under the Payment of Wages Act, 1991 reference r-098436, 098437, 098438, 098439, 098442, 098444, 098445, 098446, 098448, 098449, 098450, 098453, 098455-pw-10.
The decision of the Tribunal was as follows:-
Determination:
Following a Government decision on 1st January 2010 the grant payable in respect of participants’ wages was reduced and the appellants’ pay rates were reduced by €25.00 per week. Pay rates are linked to Social Welfare payments. No agreement had been entered into with the appellants. The unauthorised deductions had been applied and the appellants wanted them reinstated.
The respondent operates labour intervention projects such as Job Initiative and Community Employment Schemes. The schemes are administered by FAS who dictate the terms and conditions of employment. Funding is provided by central Government through FAS.
Payment of wages is determined by Government policy and subject to change.
The Tribunal is satisfied that reductions in wages were made. Having regard to the decision of the High Court in Michael McKenzie and another –v- The Minister for Finance and others [2010] IEHC 461, the Tribunal adopts the principle that the Payment of Wages Act has no application to reductions in wages as distinct from deductions. The Tribunal is bound to follow this point of law of the High Court and therefore in the circumstances the decisions of the Rights Commissioner under the Payment of Wages Act, 1991 are upheld.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)