EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
PW10/2015
APPEAL OF:
Alan Moran
against the recommendation of the Rights Commissioner in the case of:
Health Service Executive
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms M. McAveety
Members: Mr. N. Ormond
Mr T. Gill
heard this appeal at Carrick-On-Shannon on 9th September 2015
Representation:
Appellant: In person
Respondent: Ms Louise O'Byrne, Arthur Cox, Solicitors, Earlsfort Centre, Earlsfort Terrace, Dublin 2
Determination:
This case came before the Tribunal by way of the employee appealing the recommendation of the Rights Commissioner under the Payment of Wages Act 1991 reference R-144547-PW-14 and R-146900-pw-14.
The claimant is employed as a hospital Network Manager. He submitted that the non-payment of a 5% pay increase due to him since 2007 constituted an unlawful deduction under the Payment of Wages Act. The matter was referred to the Labour Court and a recommendation issued. FEMPI imposed reductions from 1st January 2010.
The respondent’s position is that the payment was never made, it was never sanctioned by the Minister for Health and that the appellant had no contractual entitlement to it so it, therefore it cannot be an unlawful deduction within the meaning of the Payment of Wages Act 1991.
Having heard oral evidence and written submission from the Appellant and the written submission of the Respondent, and further having considered the provisions of the Payment of Wages Act 1991, the Health Act, 2004 and the Financial Emergency Measures in the Public Interest (No.2) Act, 2009 and having further considered the case law opened to the Tribunal and all exhibits and correspondence furnished with the written submissions, and the recommendation of the Right Commissioner out of which this appeal arises, the Tribunal can find no reason to upset that recommendation of the Rights Commissioner and accordingly, upholds their recommendation in this appeal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)