FULL RECOMMENDATION
SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : MEADES BAR LIMITED T/A VICTORIA CAFÉ (REPRESENTED BY MR MICHAEL MC NAMARA B.L.,INSTRUCTED BY MC HALE MULDOON, SOLICITORS) - AND - MS LAYALA SMALLI (REPRESENTED BY FREDERICK V. GOSNELL, SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms Tanham |
1. An appeal of an Adjudication Officer's Decision No: ADJ-00004906.
BACKGROUND:
2. This is an appeal of an Adjudication Officer’s Decision no ADJ-00004906 made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 7 November 2017 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:
DETERMINATION:
This is an appeal by Meades Bar Limited t/a Victoria Café against the Decision of an Adjudication Officer under the Payment of Wages Act, 1991 (the Act) where Ms Layala Smalli claimed that her former employer had breached the Act when she was not provided with payslips. The Adjudication Officer held that the complaint was well-founded and awarded her the sum of €400.00.
For ease of reference the parties are given the same designation as they had at first instance. Hence Ms Layala Smalli will be referred to as “the Complainant” and Meades Bar Limited t/a Victoria Café will be referred to as “the Respondent”.
The Complainant worked as a bar waitress in the Respondent’s Wine Bar from 23rd October 2015 until 2nd July 2016. She worked 40 hours per week and was paid €400.00 per week.
The Respondent disputed the Adjudication Officer’s Decision holding that he had no jurisdiction to make an award under section 6 for a breach of section 4 of the Act.
Having considered the submissions of both parties, the Court accepts that there is no provision under section 6 to bring a complaint under section 4 of the Act. In those circumstances the Court upholds the appeal and overturns the Adjudication Officer’s Decision.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
27 November, 2017Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.