EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Cafe Lemonade
- appellant PW311/2014
against the recommendation of the Rights Commissioner in the case of:
Azita Nteca
- respondent
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr F. Cunneen
Ms M. Mulcahy
heard this appeal at Dublin on 11th December 2015
Representation:
Appellant(s) : In person
Respondent(s) :
Ms Flora Okobi, Culture Connect, The Barbican Centre,
William Street, Drogheda, Co. Louth
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of the employer appealing the decision of the Rights Commissioner under the Payment of Wages Act 1991 reference R-140928-PW-13/JW.
Determination
The employer gave evidence of employing the employee on a work experience placement programme in August 2013. When the placement period ended she offered the employee a full time position as she was a good worker and performed well in the role. An issue arose when the employee demanded a written statement or contract of employment and had not signed off with the Department of Social Protection. The employer understood that it was not necessary to provide a contract of employment within the first two months of employment. As the employee had not signed off from social welfare the employer had not commenced payment of wages. The placement programme for the employee was extended by the organisers in the hope that the issues would be resolved. The organisers of the placement programme were contacted by the employer who met with the employee to explain that before she became a full time employee she was required to notify social welfare.
The employee gave evidence of being offered a full time position by the employer. She had requested a letter for social welfare from the employer however this was not provided. Before signing off from social welfare the employee wanted to get a letter confirming her full time employment and the full details of her employer. It was her first employment in Ireland. A number of letters and correspondence between the parties was opened to the Tribunal. The employee continued to work for three or four weeks during which time she was not paid. On the 7 October 2013 her employment terminated. The employee confirmed she had received €200 and money for a rain jacket from the employer. The employee denied that the employer made any attempt to explain or discuss the full time position.
The Tribunal carefully considered the evidence and correspondence exchanged between the parties in this case. The Tribunal noted in particular the employee’s letter to the employer dated 15 October 2013 in which she states “I am under severe economic pressure as my social welfare payment had been stopped for about two weeks now”. This evidence contradicts the employees claim that she was due payment of wages for thirty four days as she had continued to receive social welfare payments under the extended placement programme up to the first week of October 2013.
The Tribunal have also taken into consideration the evidence of the parties regarding the payment of €200 and contributions towards rent and rain wear by the employer. In all the circumstances the Tribunal finds the appeal by the employer under the Payment of Wages Act 1991 succeeds and the decision of the Rights Commissioner is upset.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)