FULL RECOMMENDATION
SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : KEANE AND KELLS (K&K) DAY TODAY - AND - COLETTE BYRNE (REPRESENTED BY DAVY HYNES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Treacy |
1. Appeal of Adjudication Officer's Decision NoADJ-00007042
BACKGROUND:
2. The case before the Court concerns the Claimant's appeal of an Adjudication Officer's DecisionADJ-00007042. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 7(1) of the Payment of Wages Act, 1991. A Labour Court hearing took place on 17th May, 2018. The Employer was not present and was not represented at the hearing. The following is the Determination of the Court:
DETERMINATION:
This is an appeal by Ms Colette Byrne against a Decision of an Adjudication Officer ADJ-00007042, CA-00009580-004 made under the Payment of Wages Act, 1991 (the Act) alleging that her employer Keane & Kells (K& K) Day Today had made unlawful deductions from her wages.
The employer did not attend the hearing before the Court.
For ease of reference the parties are given the same designation as they had at first instance. Hence Ms Colette Byrne will be referred to as “the Complainant” and Keane & Kells (K& K) Day Today will be referred to as “the Respondent”.
The Adjudication Officer found in favour of the Complainant’s complaint and awarded her the sum of €419.81 and ordered the Respondent to pay that sum within six weeks of the date of his Decision.
The Complainant was employed as a Sales Assistant from 1stMay 2011 until 4thFebruary 2017.
The Complainant outlined the details of monies which she claimed were owed to her and details of deductions made to her wages in the period from 5thSeptember 2016 until 9thDecember 2016. Many of her claims were upheld by the Adjudication Officer and a number of her claims failed.
The Complainant appealed the Decision. She stated that the Respondent had not paid the award ordered by the Adjudication Officer. The Respondent failed to appear before the Court for the hearing of the appeal.
Taking account of the Complainant’s position as outlined to the Court, the Court has no reason to overturn or vary the Adjudication Officer’s Decision and accordingly upholds the Decision. Therefore, the Court orders the Respondent to pay the sum of €419.81 to the Complainant within four weeks of the date of this Determination.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th June 2018______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Sharon Cahill, Court Secretary.