FULL RECOMMENDATION
PARTIES : LARKIN UNEMPLOYED CENTRE LTD DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision No(s)ADJ-00007406 CA-00009338-001/004/005 The Complainant worked for the Respondent under a Community Employment, ‘CE’, scheme on rolling contracts from 2007. In May 2015, the Complainant’s weekly pay was reduced from €542.84 per week to €501.08 per week. The Complainant lodged a complaint under the Act with the Workplace Relations Commission, ‘WRC’ claiming that she was not paid correctly for public holidays and annual leave in the period from 20 July 2016 to 19 January 2017. A further complaint was lodged in respect of public holidays between 19 January 2017 and 26 April 2017. The Adjudication Officer, ‘AO’, held that the complaint was not well founded. The Complainant appealed to this Court. This appeal is one of a number under this Act and other legislation involving the two parties. A first hearing identified that it would be preferable for all cases involving these parties to be taken together. At a second hearing, a preliminary issue of law was raised. The parties agreed to make submissions on this point of law and agreed also that the cases could then be determined based on submissions received rather than requiring further hearings. Deliberation. The complaints under this Act are based on complaints of a breach of the Complainant’s rights under the Payment of Wages Act 1991. The Court has determined that there were no unlawful breaches of the Complainant’s rights under the Payment of Wages Act in the cognisable periods. Accordingly, there is no basis on which the Court could determine that there was any breach of the Complainant’s rights under the 1997 Act and the complaint in the instant case cannot be upheld. Determination The Decision of the Adjudication Officer is upheld
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