PWD1933

This is an appeal on behalf of Limerick Public Participation Network Operations CLG (‘the Respondent’) from a decision of an Adjudication Officer (ADJ-00013241; CA-00017324-001, dated 20 September 2018) under the Payment of Wages Act 1991 (‘the Act’). The Adjudication Officer awarded Ms Victoria Ward (‘the Complainant’) €2,918.33 under the Act in compensation for the Respondent’s failure to pay the Complainant her salary for the month of January 2018. The Respondent’s Notice of Appeal was received by the Court on 24 October 2018. The Court heard the appeal in Limerick on 1 November 2019.

The Factual Matrix

It is common case that the Complainant had worked – ostensibly as a self-employed independent contractor - in the role of Project Co-Ordinator for Limerick Public Participation Network Operations (‘LPPNO’), an unincorporated entity, during the entire calendar year of 2017. LPPNO is one of a number of Public Participation Networks (‘PPNs’) that were established throughout the country as collaborations between Local Authorities and local voluntary organisations pursuant to the Local Government Act 2014. Funding for PPNs is provided primarily by the Department of Housing Planning & Local Government and is administered through Local Authorities.

The Complainant referred the issue of her employment status with LPPNO throughout 2017 to the SCOPE Section of the Department of Employment Affairs and Social Protection. By decision dated 21 May 2018, the Deciding Officer notified the Complainant that her employment with LPPNO between 1 February and 31 December 2017 was “insurable under the Social Welfare Acts for all benefits and pensions at PRSI Class A …”.

The Complainant also submits that she had been employed through a third party to fulfil essentially the same role for LPPNO for six months between 1 August 2017 and 31 December 2017. Although this aspect of the Complainant’s submission has not been expressly denied by the Respondent neither has it been acknowledged. However, it does not have any bearing on the within appeal.

The Complainant’s Submission

Throughout 2017, the Complainant submits that she, inter alia, facilitated the incorporation of LPPNO and the registration of the incorporated entity with both the Revenue Commissioners and the Charities Regulator. In December 2017, the Complainant was offered and accepted the position of Project Coordinator with the Respondent to commence on 1 January 2018. After the Complainant had accepted the offer of employment, an issue arose between LPPNO and the sponsoring Local Authority, Limerick City & County Council (‘the Council’) about future funding. The Council, it appears, advised LPPNO not to enter into any new contracts. LPPNO agreed to this but advised the Council of its pre-existing contractual commitments, including the employment contract agreed with the Complainant. The Council indicated that it was unwilling to transfer the necessary funds to meet the LPPNO’s contractual commitment to the Complainant. However, the LPPNO did not accept this and continued to maintain with the Council that that it had entered into a binding contractual arrangement with the Complainant. The Complainant remained in position and performed her duties as she had been assured by the Respondent’s Directors that her salary would be paid in arrears once the necessary funding had been secured.

The Complainant was informed by telephone on 31 January 2018 that she was been placed on a four-week lay-off. This was confirmed in writing the following day. On 9 February 2018, the Complainant received one week’s written notice of termination to commence on 12 February 2018.

The Respondent’s Position

At the hearing of the within appeal, the Solicitor for the Respondent accepted that the Complainant had not been paid for the month of January 2018 and that her wages for the period 1 January 2018 to 31 January 2018, inclusive, are properly payable under the Act.

Determination

The appeal, therefore, does not succeed. The decision of the Adjudication Officer is upheld and the Court directs payment of €2,918.33, less statutory deductions to the Complainant.

The Court so determines.

Signed on behalf of the Labour Court



Alan Haugh
CR______________________
29 November, 2019.Deputy Chairman



NOTE

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