EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Marin Chitii (appellant) PW198/2015
against the recommendation of the Rights Commissioner in the case of:
P&J Security Services Ltd (respondent)
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Mr D. Peakin
Ms M. Maher
heard this appeal at Dublin on 13th January 2016
Representation:
_______________
Appellant(s) : In person
Respondent(s) : In person
The decision of the Tribunal was as follows:
This appeal was heard in conjunction with PL4/2014 and WT252/2014.
This case came before the Tribunal by way of an employee appeal of a Rights Commissioner recommendation under the Payment of Wages Act, 1991 reference r-153375-pw-15/EH.
The appellant commenced his employment as a security guard with the respondent company on 13th November, 2010 and is still an employee with this security company.
The appellant argued that he was not paid correct wages, to which he says he was entitled. He was paid at the rate of €10.01 per hour and produced evidence that a colleague was paid €10.75 per hour. His contract of employment stipulated a rate of €10.01 per hour and in the normal course that would be his entitlement, irrespective of what another colleague was paid.
The respondent told the Tribunal that the other named person had longer service and had been given a pay increase at one stage.
The appellant also argued that after three years’ service he was entitled to a pay increase under an Employment Regulation Order (ERO) made pursuant to a Joint Labour Committee (JLC). In 2011 the High Court struck down the ERO made by the JLC as being contrary to the constitution and the appellant cannot therefore rely upon them.
Accordingly, this appeal fails and the Tribunal upholds the decision of the Rights Commissioner.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)