FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : A FACILITIES MANAGEMENT COMPANY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - THE COMPLAINANT (REPRESENTED BY KRZYSZTOF FIC) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms O'Donnell |
1. Appeal of Adjudication Officer Decision No R-157284-PW-14
BACKGROUND:
2. The employee appealed the Decision of the Adjudication Officer to the Labour Court on the 9th March 2016. A Labour Court hearing took place on the 28th April 2016. The following is the Court's Determination:
DETERMINATION:
The Complainant brought a complaint before an Adjudication Officer pursuant to Payment of Wages Act, 1991(the Act)alleging a breach by his employer of the Act.
The Adjudication Officer in Decision R-157284-PW-14 decided that his complaints were already comprehended under R-151922-TU-14. The latter a claim referred by the Complainant under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, S.I. No. 131/2003 (the Regulations) where he alleged a breach bythe Facilities Management Companyof Regulations 4 and 8. On that basis the Adjudication Officer did not find in favour of his claims under the Act.
The Complainantappealed this Decision.
For ease of reference the parties are referred to as they were at first instance. Hence the Complainant and the Facilities Management Company "the Respondent".
The Complainant submitted a claim under the regulations to the Workplace Relations Commission on 23rdJune 2015.
Background
The Complainant has been employed as a Security Officer with a Security Company from 7thJune 2011, he was transferred to the Respondent in accordance with the Regulations on 27thOctober 2014.
Summary of the Complainant’s Case
The Complainant made a number of allegations concerning his rate of pay, payment of allowances and entitlement to outstanding annual leave and public holidays for the period from May 2014 until October 2015.
Summary of the Respondent’s Position
While the Respondent denied that it was in breach of the Act, it accepted that there were outstanding monies due to the Complainant which fell outside the cognisable period covered by this claim. The Respondent quantified the amount due to the Complainant as a total of €1,630.72, which it was prepared to pay him.
Conclusions of the Court
The claim was submitted to the Workplace Relations Commission on 23rdJune 2015, therefore, only contraventions of the Act which may have occurred in the six month preceding the referral, i.e. the period from 24thDecember 2014 to 23rdJune 2015 are cognisable for the purpose of obtaining redress.
The Court notes that the Complainant was out on certified sick leave from May 2014 until 8thDecember 2014, and from 9thDecember 2014 until August 2015 he did not report for work but was not on certified sick leave. Therefore, as he was not in receipt of wages, it was not possible for an unlawful deduction to be made during this period.
Accordingly the Court finds that there was no breach of the Act.
Determination
For the reasons set out above the Court does not find in favour of the Complainant’s appeal.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
11 May 2016Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.