EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
TE121/2014
PW281/2014
APPEAL(S) OF:
Marek Marciniuk
(appellant)
against the recommendation of the Rights Commissioner in the case of:
Wicklow Recreational Services Limited
(respondent)
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr J. Goulding
Mr. J. Dorney
heard this appeal at Dublin on 2nd June 2016
Representation:
_______________
Appellant(s) : Mr. Blazej Nowak, 54 South William Street, Dublin 2
Respondent(s) : Mr Karl Hutchinson, Law Plus Solicitors, Carlisle House, Adelaide Road, Bray, Co. Wicklow
The decision of the Tribunal was as follows:
This case came before the Tribunal by way of an employee appeal of a Rights Commissioner recommendation under the Terms of Employment (Information) Act 1994 to 2012, reference r138892-te-13/EH and r141756-te-14/EH and the Payment of Wages Act, 1991 reference r141788-pw-14/EH.
The Tribunal heard evidence and submissions from both parties.
Terms of Employment
The appellant was employed in the role of a leisure centre assistant since 1st December 2008. He has claimed that his contract of employment is in breach of Section 3 and Section 5 of the Terms of Employment Act. He is appealing the award of €350 made by the Rights Commissioner on the basis that an award of four weeks pay should have been made in respect of each Section breached. The respondent accepted that Section 3 and Section 5 were breached and submitted that the award of €350 was fair given the nature of the breaches.
Payment of Wages
Under the Payment of Wages Act, the appellant has claimed for the period when the employer did not provide work for him during an eight week period. Although his contract did not state the hours of works required of him he worked an average of 16.7 hours per week. Allowing for the fact that an award of €318.53 was made under Section 18(1)b of the Organisation of Working Time Act (being 25% of the hours for which work should have been provided), the appellant now seeks the remaining €947.99 due for the full amount of hours not worked even though the appellant was available for such work.
Determination
After considering the evidence adduced at the hearing, the Tribunal upholds the decision of the Rights Commissioner, agreeing with the award made of €350 under the Terms of Employment Act.
With regard to the Payment of Wages appeal, the Tribunal supports the Rights Commissioners finding that the matter has been dealt with under the Organisation of Working Time Act as a breach of Section 18(1)b and accordingly upholds the decision of the Rights Commissioner.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)