FULL RECOMMENDATION
SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : AER LINGUS LIMITED TRADING AS AER LINGUS (REPRESENTED BY ARTHUR COX, SOLICITORS) - AND - NIALL O' HARA (REPRESENTED BY UNITE THE UNION) DIVISION : Chairman: Mr Haugh Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer Decision No r-151680-pw-14/JT.
BACKGROUND:
2. The Employee appealed the Adjudication Officer's Decision to the Labour Court in accordance with Section 7(1) of the Payment of Wages Act, 1991 on the 30th June 2016. The Court heard the appeal on the 31st August 2016.
DETERMINATION:
Background
This is Mr O’Hara’s (“the Complainant”) appeal against a decision of an Adjudication Officer (r-151680-pw-14/JT) dated 20 May 2016. The Adjudication Officer found that he had no jurisdiction to deal with the case presented to him as he had previously issued a decision (r-144044-pw-14/JT) in relation to the subject matter of the within complaint/appeal.
Determination
The Court has carefully considered both the parties’ advance written and oral submissions and determines that the subject matter of the within appeal isres judicataand is fully comprehended by a previous determination of the Employment Appeals Tribunal (PW77/2014; PW283/2014) dated 24 February 2016, having regard also to an earlier recommendation of the Court (no. LCR20524) dated 24 May 2013.
The Court so determines.
Signed on behalf of the Labour Court
Alan Haugh
15th September 2016______________________
JKDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Jason Kennedy, Court Secretary.