CORRECTING ORDER
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 Order corrects the original Order dated 2nd June 2016 and should be read in conjunction with that Order.
Paragraph 4 of the original Order is replaced by the following paragraph:
The proposed pay increase was not sanctioned under Section 22 (1) (4) of the Health Act 2004, which states:
The Executive shall, with the approval of the Minister (for Health) given with the consent of the Minister for Finance, determine-
(a) The terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of employees appointed under this section, and
(b) The grades of the employees of the Executive and the numbers in each grade.
In addition, an application was made for a waiver by the Department of Health and Children to the Minister for Finance under Section 6 of FEMPI (No. 2). This request was denied.
In the circumstances, therefore, we as a Tribunal cannot accept that the salary inclusive of the 5% sought by the appellant are wages properly payable in circumstances where the payment has neither been authorised or sanctioned by the Minister for Health nor exempted from FEMPI No. 2 by the Minister for Finance.
Accordingly the appeal fails and the decision of the Rights Commissioner is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)