PWD1912

This is an appeal by Mr Thomas Maher against a Decision of an Adjudication Officer ADJ-000014683, CA-00019211-001 made under the Payment of Wages Act, 1991 (the Act) alleging that his employer Rosderra Irish Meats Group made unlawful deductions from his wages.

For ease of reference the parties are given the same designation as they had at first instance. Hence Mr Thomas Maher will be referred to as “the Complainant” and Rosderra Irish Meats Group will be referred to as “the Respondent”.

The Complainant submitted his claim under the Acts to the Workplace Relations Commission on 16^thMay 2018. The Adjudication Officer found that the deduction made from the Complainant’s wages was authorised by virtue of a term in his contract of employment, in accordance with Section 5(1)(b) of the Act.



Background

The Complainant's employment was terminated for gross misconduct by letter dated 20^thMarch 2018. In accordance with the Respondent’s disciplinary policy as set out in The Works Agreement, dated 7^thFebruary 2013, the Complainant availed of the opportunity to appeal that decision. On appeal the Respondent decided to apply a more lenient sanction and decided“to reduce the sanction of dismissal to the full suspension sanction without pay of 13 weeks which is set out in the works agreement from the date of dismissal”.

The Complainant alleged that the deduction was unlawful as the Works Agreement, Clause 25 Disciplinary and Dismissal Procedures, stipulates that suspension may arise following a final warning which he was not given. Secondly, he alleged that under Clause 25.3 immediate suspension or termination of employment may arise in cases of gross misconduct, however, such action is to allow for an investigation to take place and provides that the period of suspension will be paid.

The Respondent disputed the Complainant’s claim and submitted that as an alternative to dismissal, on appeal it had decided to rescind its decision to dismiss the Complainant for gross misconduct and instead to provide him with an opportunity to modify/correct his behaviour and thereby issued him with the lesser sanction of unpaid suspension for a period of 13 weeks, as provided for under Clause 25.1 Stage 4 of the disciplinary process.






Determination

Having considered the submissions of both parties, the Court is satisfied that the Works Agreement forms part of the Complainant’s terms and conditions of employment. The Court is satisfied that on appeal the Respondent decided to apply a lesser sanction under its disciplinary procedure and instead of Dismissal for Gross Misconduct as provided for under Clause 25.3 it opted instead to apply a lesser sanction as provided for under Stage 4 of its procedures. Accordingly, the Court finds that the Respondent did not make an unlawful deduction from the Complainant’s wages when it placed him on 13 weeks unpaid suspension 15^thMarch until 11^thJune 2018.

The Court concurs with the Adjudication Officer’s Decision that there was not breach of the Act and accordingly upholds her Decision. The Complainant ‘s appeal fails.

The Court so Determines.



Signed on behalf of the Labour Court



Caroline Jenkinson
CR______________________
20 May, 2019Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Ciaran Roche, Court Secretary.