PW287/2015, WT217/2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

PW287/2015    

WT217/2015       

APPEAL(S) OF:                                                                                                       

3d Personnel Limited

- appellant                                                               

against the recommendation of the Rights Commissioner in the case of:

Muhammad Khan

- respondent

under

ORGANISATION OF WORKING TIME ACT 1997

PAYMENT OF WAGES ACT 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. M. Levey B.L.

Members:     Mr E. Handley

                    Ms M. Maher

heard this appeal at Dublin on 2nd September 2016

Representation:

Appellant(s) : Mr Michael Byrne, 3d Personnel Limited, Block 9, St John's Court, Old Swords Road, Santry, Dublin 9

Respondent(s) : In person

The decision of the Tribunal was as follows:-

This case came to the Tribunal as an employer appeal against Rights Commissioner Decision (r-155080-pw-15JOC)

The respondent worked for a security company that employs over 1200 personnel. He worked from January 2015 to 28^th March 2015, when an incident occurred which resulted in the respondent being dismissed. MB, director for the appellant company, gave evidence that due to a restructuring in management the company did not receive notice of the Rights Commissioner hearing and so appealed the decision to the Employment Appeals Tribunal. The respondent had questioned his weekly pay as he felt he had worked more hours than he had been paid for. The appellant insisted 30 minutes was deducted from each shift for lunch break. There was also conflicting evidence on whether the respondent was issued with payslips and also with timesheets that showed the varying of hours worked by the respondent.

The appellant accepted that the claimant was due holiday pay and owed for hours worked on his final shift but queried the amount of compensation awarded by Rights Commissioner under the Payment Of Wages Act 1997 and Organisation of Working Time Act 1991.

Determination

The Tribunal is satisfied that the claims under the various Acts are well founded but while accepting compensation may be used as a deterrent, the Tribunal varies the Rights Commissioner’s recommendation and awards the respondent a total of €893.36

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)