EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
PW178/2015
APPEAL(S) OF:
Thomas Barrett
against the recommendation of the Rights Commissioner in the case of:
Michael Jackson
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K.T. O’Mahony BL
Members: Mr. D. Hegarty
Mr. J. Flavin
heard this appeal in Cork on 19 May 2016 and 8 November 2016
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
No attendance or representation
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal against Rights Commissioner Decision r-149162-pw-14 under the Payment of Wages Act, 1991.
The appellant claimed that he was entitled to six weeks’ pay rather than the two awarded to him by the rights commissioner as he had not received the four weeks’ notice that had been allegedly given to him.
FB (a witness on the appellant’s behalf) said that he had not received notice either from the same employer when his employment had ceased in an earlier year.
No testimony was proffered by or on behalf of the entity for which the appellant had worked or its principal who had continued, after its closure, as a sole trader such that there was a transfer of undertaking as regulated by Statutory Instrument No. 131/2003-European Communities (Protection of Employees on Transfer of Undertakings) Regulations) 2003.
Determination:
On the uncontested evidence of the appellant, the Tribunal varies Rights Commissioner Decision r-149162-pw-14 under the Payment of Wages Act, 1991, in which the appellant had been awarded €807.76 (not subsequently paid to him) and awards him €2423.28 (this amount being equivalent to six weeks’ gross pay at €403.88 per week) for unpaid notice.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)