FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : SAHIN AKKOYUN AND SUAT SALIK T/A CAPITAL KEBAB HOUSE (REPRESENTED BY BERWICK SOLICITORS) - AND - ISMET AYDOGAN (REPRESENTED BY TOM O'REGAN SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Decision No r-156682-pw-15
BACKGROUND:
2. This is an appeal of a Rights Commissioner's (now known as an Adjudication Officer) Decision No: r-156682-pw-15 made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 6 April 2016 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:
DETERMINATION:
This matter came before the Court by way of an appeal lodged by Sahin Akkoyun & Suat Salik t/a Capital Kebab House against an Adjudication Officer’s decision r-156682-pw-15. The Adjudication Officer upheld a claim made by Mr Ismet Aydogan pursuant to Section 6 of the Payment of Wages Act 1991 and awarded him the sum of €285.00.
For ease of reference the parties are given the same designation as they had at first instance. Hence Mr Ismet Aydogan will be referred to as “the Complainant” and Sahin Akkoyun & Suat Salik t/a Capital Kebab House will be referred to as “the Respondent”. The Complainant was employed by the Respondent as a General Operative from 14thJuly 2012 until 16thJanuary 2015. He alleged that the Respondent had made an unlawful deduction from his wages as he was not paid for hours that he worked.
The Complainant referred his complaint to the Workplace Relations Commission under the Act on 16thJune 2015. He was paid €350.00 per week for 35 hours, i.e. €10.00 per hour.
Having considered the submissions made by both parties and having heard the evidence given by Mr Sahin Akkoyun on behalf of the Respondent and the evidence from the Complainant, the Court notes that it is not disputed that the Complainant’s hours varied from week to week, yet he was paid €350.00 each week, regardless of the hours he worked. The Complainant did not challenge the Adjudication Officer’s award of €285.00 in respect of his claim and did not appeal his Decision.
Determination
The Court determines that the Respondent must pay the Complainant the sum of €285.00 as compensation in respect of the breach of the Act. This payment should be made within six weeks of the date of this Determination. Accordingly, the Court upholds the Adjudication Officer’s Decision and rejects the Respondent’s appeal.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
19 April 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Michael Neville, Court Secretary.