EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Emilia Mihaylova UD1470/2014 & UD493/2015
-Appellant PW310/2014 & PW199/2015
against the recommendation of the Rights Commissioner in the case of:
Emilia Mihaylova
-v-
Dublin Institute Of Technology, 143-149 Lower
Rathmines Road, Dublin 6 -Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Mr. T. O'Grady
Mr. T. Brady
heard this appeal at Dublin on 1st December 2015
Representation:
Appellant: In person
Respondent: Mr. Cian Beecher, Arthur Cox, Solicitors,
Earlsfort Centre, Earlsfort Terrace, Dublin 2
Background:
These appeals are before the Tribunal by way of the Appellant appealing two Recommendations of a Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 refs: r-137652-ud-13/MMG & r148972-ud14/JT and two Decisions of Rights Commissioner under the Payment of Wages Act, 1991, refs: r-135086-pw-13/MMG & r-148162-pw-14/JT.
The Appellant withdrew her appeals under the Unfair Dismissals Acts, 1977 to 2007, refs: r-137652-ud-13/MMG & r148972-ud14/JT.
The Tribunal heard the appeals under the Payment of Wages Act, 1991.
Determination:
The Payment of Wages Act 1991 provides for deductions from wages. The Appellant said that she was a part time teacher and tutor and that she was also a supervisor for four years and that she is seeking to be paid for work that she did as a supervisor. The Tribunal have looked at her contract of employment as a teacher and the Appellant agrees that she had been paid her remuneration as for a teacher. There is no provision in the Appellant’s employment contract that she had to supervise a Ms C.
The Appellant did point to another document (IRCSET “EMBARK Initiative” Postgraduate Scholarship Agreement). That document is an agreement between four parties, including the Respondent and the Appellant and Ms C. and it is not a contract of Employment. It is a scholarship document and that document primarily pertains to Ms C. It also contains a dispute provision under which the dispute is to be referred to the Director of IRCSET and the Dean of Graduate Studies or the equivalent of the Higher Education Institute or if unresolved to the IRCSET Academic Committee. No such dispute was raised by the Claimant.
The Tribunal determines that no case has been made by the Appellant under the Payment of Wages Act 1991. Accordingly, the appeals must fail and the Tribunal upholds the Decisions of the Rights Commissioner under the Payment of Wages Act, 1991, refs: r-135086-pw-13/MMG & r-148162-pw-14/JT.
The Appellant mentioned in her submissions a point regarding equality. It is not the function of the Tribunal to deal with matters such as those.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)