EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
PW6-PW10/2014
APPEAL OF:
Bord Na Mona
against the recommendation of the Rights Commissioner in the case of:
Teresa Murphy
Tony McKenna
Anne O'Neill
Martin Garrett
Elizabeth Smith
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr F. Moloney
Mr T. Brady
heard this appeal at Dublin on 20th March 2015
Representation:
Appellant: Mr. Cian Beecher, Arthur Cox, Solicitors, Earlsfort Centre, Earlsfort Terrace, Dublin 2
Respondent: Mr Paul Henry, SIPTU, Liberty Hall, Eden Quay, Dublin 1
Background:
This case came before the Tribunal by way of an appeal by the employer against the decision of the Rights Commissioner Ref: r-133288-pw-13/DI. Both representatives submitted written submissions to the Tribunal.
In summary the appellant’s (employer) position was that these employees had been placed on lay-off and that the Tribunal had no jurisdiction to decide if the appellant had the right to do so.
On the other hand the respondent’s (employees) position was that there was no provision in the contract of employment to place these employees on lay-off and therefore this was an illegal deduction from wages.
Determination:
The function of the Tribunal under the Payment of Wages Act, 1991 is to decide if a particular set of circumstances amounts to an illegal deduction from wages. In these very particular set of facts it is the unanimous decision of the Tribunal that the appellant’s decision to place these employees on lay-off is not a matter the Tribunal has jurisdiction to decide upon under the Payment of Wages Act, 1991.
Furthermore the Tribunal is of the view that the matter has been fully argued before the Tribunal and therefore upset the decision of the Rights Commissioner Ref: r-133288-pw-13/DI.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)