PWD1826

This matter came before the Court by way of an appeal brought on behalf of Unique Diary Productions Limited (‘the Respondent’) against a decision of an Adjudication Officer (ADJ-00007256/CA-00011266-002, dated 16 November 2017) under the Payment of Wages Act 1991 (‘the Act’). The Respondent’s Notice of Appeal was received by the Court on 19 December 2017. Mr Niall Homan (‘the Complainant’) cross-appealed on 22 December 2017. The Adjudication Officer had directed the Respondent to pay Mr Homan (‘the Complainant’) €2,496.29 in compensation for an underpayment of salary in 2016. The Court sat on 28 March 2018 and again on 3 July 2018 to consider the within appeal and a number of related appeals initiated by the Complainant.

The Complainant alleges that he was underpaid during the period January to December 2016. He also alleges that the Respondent failed to reimburse him for certain expenses. The Respondent submits that, in fact, the Complainant had been overpaid in 2016 and that the claim in respect of expenses is not a claim that can be properly brought under the Act.

At the outset of the hearing the Respondent raised the issue of the time-period encompassed by the complaint under the Act. It was accepted by both Parties that the initial complaint under the Act was received by the Workplace Relations Commission on 11 May 2017 and that, therefore, the relevant six-month reference period commenced on 12 November 2016. It was further agreed (without prejudice to any submissions that the Respondent intended to make in defending the Complainant’s appeal under the Unfair Dismissals Act 1977) that the Complainant had ceased to be an employee of the Respondent no later than 1 January 2017, as the Respondent had continued to pay him up until 31 December 2016.

It was accepted by the Parties that the Complainant had made an application before the Adjudication Officer, pursuant to section 41(8) of the Workplace Relations Act 2015, to extend the period for bringing his claim under the Act. That application was refused. His representative made a similar application before the Court. However, nothing that could be considered to amount to reasonable cause for the delay as comprehended by the established jurisprudence of this Court was proffered in support of the Complainant’s application which was accordingly refused by the Court.

Having regard to the foregoing, the Court determined that the period encompassed by the within appeal is 12 November 2016 to 1 January 2017. The Complainant’s representative conceded that no underpayment had occurred in that period. She also informed the Court that she accepted that expenses are expressly excluded from the definition of ‘wages’ in the Act.

Decision

Having considered the Parties’ written and oral submissions, the Court determines that the within appeal succeeds. The decision of the Adjudication Officer is, therefore, set aside.

The Court so determines.

Signed on behalf of the Labour Court



Alan Haugh
MK______________________
9 July 2018Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.