EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NOS.
Servisource Recruitment Limited UD1322/2014 WT213/2014
and PW271/2014
Quayside Business Park
appellant
against the recommendation/decision of the Rights Commissioner in the case of:
Ann Kenny – respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan BL
Members: Mr W. O'Carroll
Ms H. Murphy
heard this appeal at Galway on 8th January 2016
Representation:
Appellant: Mr John Brennan, Regional Director, IBEC,
Ross House, Victoria Place, Galway
Respondent: Ms Niamh Kavanagh, O'Donnell Waters Solicitors,
Merchants Dock, Merchants Road, Galway
The determination of the Tribunal was as follows:-
This case came before the Tribunal by way of the employer appealing against the recommendation/decision of a Rights Commissioner under the Unfair Dismissals Acts, 1977 to 2007 reference number R-142357-UD-14/MH under the Organisation of Working Time Act 1991 and under the Payment of Wages Act 1991.
The appeals under the Unfair Dismissals Acts 1977 to 2007 and under the Organisation of Working Time Act 1997 were withdrawn at the start of the Hearing.
Determination
The Tribunal finds that the appellant, the employer, was entitled not to pay sick leave to the respondent. There the appeal under the Payment of Wages Act 1991 succeeds and the decision of the Rights Commissioner is upset. The respondent is not awarded any compensation.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)