EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Barbara Nikodem PW114/2014
against the recommendation of the Rights Commissioner in the case of:
Jurys Inn Custom House
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. F. Crawford BL
Members: Mr. D. Moore
Mr. J. Flannery
heard this appeal in Dublin on 20 August 2015
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
Mr. Michael McGrath, IBEC, Confederation House, 84/86 Lr. Baggot Street, Dublin 2
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal under the Payment of Wages Act, 1991, against Rights Commissioner Decision r-140687-pw-13/RG.
The respondent’s representative submitted that the appellant had received annual leave entitlements but was seeking annual leave in respect of time when she was out sick. The Tribunal ruled that it would hear the case again.
Giving sworn testimony with the aid of a Tribunal-appointed interpreter, the appellant had a detailed submission read to the Tribunal. The Tribunal was told that the appellant had had a serious medical problem but had sought alternative duties. However, the respondent had not given her lighter duties. The Tribunal was told that citizen information had come to the appellant’s attention to the effect that ill employees were entitled to annual leave accrued during sick leave and was told that the appellant had lost a year in respect of a course because of a delayed P45.
The respondent’s representative submitted that there was an equality claim, that the appellant had appealed to the Labour Court and that annual leave did not accrue while an employee was out sick. He said that he was not aware of any legislation which gave the appellant an entitlement to leave in respect of past illness. It was submitted that the appellant had had no such right beyond the leave entitlement she had already received.
The appellant maintained her position on the grounds of citizen information received but could not recall it specifically. She did not argue that there had been legislation of retrospective effect.
Determination:
Having carefully considered all that had been presented to it, the Tribunal finds that the employee appeal under the Payment of Wages Act, 1991, against Rights Commissioner Decision r-140687-pw-13/RG fails. It upholds and affirms the said Decision under the said legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)