FULL RECOMMENDATION
SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : KOHINOOR LIMITED (REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRE.) LTD) - AND - HUSSAIN ALI (REPRESENTED BY CHANGIZ DURRANI DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. An appeal of an Adjudication Officer's Decision no r-158535-pw-15/SR.
BACKGROUND:
2. This is an appeal of an Adjudication Officer’s Decision no r-158535-pw-15/SR made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 14th September, 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 Mr Hussain Ali against the Adjudication Officer’s Decision r-158535-pw-15/SR, which rejected his claim under the Payment of Wages Act, 1991 (“the Act”). Mr Ali submitted a complaint against his former employer, Kohinoor Limited, alleging a breach of Section 5 of the Act. He claimed that he was unlawfully deducted monies for the first three years of his employment from 2006 until November 2009, when his employer did not pay him for overtime hours worked. The Adjudication Officer held that the claim was not well-founded.
For ease of reference the parties are given the same designation as they had at first instance. Hence Mr Hussain Ali will be referred to as “the Complainant” and Kohinoor Limited will be referred to as “the Respondent”.
The Complainant was employed by the Respondent as a Chef from 20thNovember 2006 until 20thJune 2015 when he was made redundant. He referred his claim under the Act to the Workplace Relations Commission on 27thJuly 2015 therefore the cognisable period covered by the claim is the six-month period prior to the date of claim, however, as the Complainant’s employment terminated in June 2015, then the cognisable period is from period from 28thJanuary 2015 until 20thJune 2015. Clearly the period in question in this claim is out of time, therefore the claim is statute barred.
In these circumstances, the Court finds that the Complainant’s complaint under the Act is out of time and rejects the appeal. Accordingly, the Court upholds the Adjudication Officer’s Decision under the Act.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
17th October, 2016.Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.