EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO’s
James O'Connell
-Appellant PW273/2014
Raymond Gavin
-Appellant PW274/2014
against the recommendation of the Rights Commissioner in the case of:
James O'Connell
Raymond Gavin
-v-
Noonan Services Group
-Respondent
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. Hurley
Members: Mr. J. Hennessy
Ms P. Doyle
heard this appeal at Limerick on 13th January 2016
Representation:
Appellant: Mr. Alec Gabbett, Leahy & Partners, Solicitors, Park Manor,
Upper Mallow Street, Limerick
Respondent: Mss, The Courtyard, Hill Street, Dublin 1
Background:
These cases are before the Tribunal by way of employees appealing a Decision of a Rights Commissioner under the Payment of Wages Act, 1991.
Determination:
Having heard the evidence adduced the Tribunal makes the following determination: the Tribunal determines that the rate of €10.50 per hour is the correct rate. Regarding the agreement concerning rates of pay for Sundays and Saturdays, it was an agreement and if it is to be changed it has to be changed by agreement. It did change from double time to time and one third for Sundays and from time and a half to a flat rate for Saturdays. This was not done by agreement, it was not a mistake it was a change in the employee’s rate of pay to the rate that had been in place and is less money.
Accordingly the appeals succeed and the Tribunal awards the first named Appellant, ref: PW273/2014, the sum of €1,512.00, under the Payment of Wages Act, 1991. The Tribunal awards the second named Appellant, ref: PW274/2014, the sum of €1,512.00, under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)