FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : WEXFORD VIKING GLASS LTD (REPRESENTED BY IBEC) - AND - JIM ALLEN (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Foley Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. An appeal of an Adjudication Officer's / Rights Commissioner's Decision no: r-148813-pw-14/JT.
BACKGROUND:
2. This is an appeal of an Adjudication Officer's / Rights Commissioner's Decision No: r-148813-pw-14/JT made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 26th April, 2016 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:
DETERMINATION:
This is an appeal by Jim Allen (the Appellant) against the decision of an Adjudication Officer / Rights Commissioner made in his claim under the Payment of Wages Act, 1991 (the Act) against his former employer, Wexford Viking Glass (the Respondent).
The Rights Commissioner / Adjudication Officer did not find the claim of the Appellant to be well founded and it failed.
Position of the parties
The parties agreed on the facts of the case in all material respects.
In March 2014 the Appellant and five colleagues were advised by the Respondent of a change to the overtime rate to be paid by the company.
The Appellant and five colleagues initiated claims under the Payment of Wages Act during 2014. The Appellant’s five colleagues ultimately resolved their claims by agreement with the Respondent.
Determination
The Court finds that the Respondent was in breach of Section 5 of the Act and measures the amount of compensation which is reasonable in all of the circumstances to be €500. The Court orders the Respondent to pay to the Appellant compensation in that amount.
The Court so determines.
Signed on behalf of the Labour Court
Kevin Foley
CR______________________
13th May, 2016Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.