FULL RECOMMENDATION
SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : ELITE PRIVATE SECURITY LIMITED T/A GREENSHIELD SERVICES - AND - STEFAN GEORGIEV (REPRESENTED BY TERRY GORRY & CO, SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. An appeal of an Adjudication Officer's Decision No. ADJ-00008229 (CA-00010939-003).
BACKGROUND:
2. The Employer 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 January 2019. The following is the Determination of the Court:-
DETERMINATION:
This is an appeal by Elite Private Security Limited t/a Greenshield Services against the Decision of an Adjudication Officer under the Payment of Wages Act 1991 (‘the Act’) by Mr Stefan Georgiev against his former employer.
For ease of reference Mr Stefan Georgiev is referred to as “the Complainant” and Elite Private Security t/a Greenshield Elite is referred to as “the Respondent”.
The Respondent was not in attendance at the hearing before the Adjudication Officer for reasons which were explained to the Court. In the absence of the Respondent, the Adjudication Officer found in the Complainant’s favour and awarded him €930.00 for the unlawful deductions made by the Respondent in breach of Section 5(1) of the Act.
The Complainant commenced employment in or around April 2014 with RFC Security which provided security services to,inter alia, an off-licence in Dun Laoghaire. This contract transferred to GM Management in February 2016 and ultimately to the Respondent in or around September 2016. Throughout this time the Complainant continued to be placed as a Security Officer at the off-licence in Dun Laoghaire.
He alleged that there was €913.75 due to him in outstanding wages for the period 1stSeptember 2016 until 12thSeptember 2016 and €823.88 in outstanding annual leave payments.
The Respondent did not dispute the Complainant’s claim in respect of outstanding wages and accepted that he was due compensation on the cessation of his employment for outstanding annual leave. The Respondent did not dispute the Complainant’s claims and conceded that the monies claimed were owed to him.
Determination of the Court
Based on the uncontested facts presented to the Court, the Court hereby orders the Respondent to pay the Complainant the sum of €1,737.63 in respect of the breaches of the Act. This payment should be made within six weeks of the date of this Determination. The Decision of the Adjudication Officer is varied accordingly.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
CR______________________
1st February 2019Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.