PWD2116

FULL RECOMMENDATION

SECTION 7(1), PAYMENT OF WAGES ACT, 1991

PARTIES :

SPILLANE FUEL AND AGRI

- AND -

WORKER

DIVISION :

SUBJECT:

1.Appeal Of Adjudication Officer Decision No. ADJ-00025690 CA-00032618-001

BACKGROUND:

2.This is an appeal of an Adjudication Officer’s Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 19 October 2021 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:-

DETERMINATION:

Determination

This is an appeal by Spillane Fuels Ltd against an Adjudication Officer’s Decision ADJ-00025690 given under the Payment of Wages Act 1991(the Act) in a claim by John Hegarty that he suffered an unlawful deduction from his wages when his employer withheld two weeks wages from him. The Adjudication Officer found in favour of the Complainant in relation to his claim and directed that that he be paid 2 weeks’ pay amounting to €1,100 net.

In this Determination, the parties are referred to as they were at first instance. Hence Spillane Fuels Ltd is referred to as the ‘Respondent’ and John Hegarty as ‘the Complainant’.

The Complainant informed the Court in advance of the hearing, that he would not be in attendance at the appeal

The Respondent at the hearing of the case submitted that the Complainant was in fact owed for four days work a net total of €440 and not the two weeks that he had claimed. The Respondent provided documents from his accountant in support of that contention.

Decision

The Court determined based on the uncontested submission of the Respondent that the amount of €440 net falls to be paid to the Complainant. The decision of the Adjudication Officer is varied accordingly.

The Court so decides.

NOTE

Enquiries concerning this Determination should be addressed to Orla Collender, Court Secretary.