FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : ANNACLONE CONSTRUCTION LIMITED T/A M.&T. BUILDERS - AND - KENNETH TRAVERS DIVISION : Chairman: Mr Haugh Employer Member: Ms Doyle Worker Member: Ms O'Donnell |
1. Appeal of a Rights Commissioner's Recommendation No. r-155597-PW-15/JW
BACKGROUND:
2. The Court considered three conjoined appeals from decisions of the Rights Commissioner in the within proceedings. For ease of reference the parties are referred to in this determination as they were at first instance i.e. the Complainant and the Respondent. The Respondent, although notified of the hearing date of this appeal, failed to attend before the Court.
- The Complainant was employed by the Respondent construction company as a bricklayer from 14 April 2014 to 13 February 2015 and was paid €13.75 per hour. He was placed on temporary lay-off between December 2014 and February 2015. The Complainant was not furnished with payslips during the currency of his employment but subsequently obtained copy payslips with the assistance of NERA. He submitted those copy payslips to the Court in support of his appeal.
The Complainant referred three complaints to a Rights Commissioner. The Rights Commissioner convened a hearing on 22 September 2015 which was attended by both the Complainant and Mr Tony Higgins on behalf of the Respondent. The Rights Commissioner issued his decisions on 14 December 2015. The Rights Commissioner upheld each of the three complaints. The Complainant has appealed to this Court in respect of the quantum of the Rights Commissioner’s award in each case. The Complainant’s principal concern is that the Rights Commissioner erred with regard to the duration of his employment with the Respondent.
The Appellant referred his appeal to the Court on 22 January, 2016. A Labour Court hearing took place on 24th February, 2016. The following is the Determination of the Court:
DETERMINATION:
Payment of Wages Act 1991 (‘the 1991 Act’)
The complaint/appeal under the 1991 Act relates to the Respondent’s failure to give the Complainant his statutory notice or payment in lieu thereof prior to the termination of his employment in February 2015. The Rights Commissioner awarded the Complainant €550.00 in respect of this complaint. The Court sees no reason to disturb the Rights Commissioner’s award under the 1991 Act.
The Court so determines.
Signed on behalf of the Labour Court
Alan Haugh
25th February, 2016______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.