PWD2448

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00033978 (CA-00046458-001)

BACKGROUND:

This is an appeal of an Adjudication Officer’s Decision made pursuant to the Payment of Wages Act, 1991. The appeal was heard by the Labour Court in accordance with Section 44 of the Workplace Relations Act, 2015. 

DECISION:

This is an appeal by Brian Healy, (the Complainant) against Adjudication Officer Decision ADJ-0002874- CA-00046458-001 given under the Payment of Wages Act 1991(The Act) in a claim that he suffered an unlawful deduction from his wages at the hands of his employer Pilvine Ltd (the Respondent). The Adjudication Officer held that the complaint was not well founded.

Background.

The Complainant commenced employment with the Respondent in 2016.  His employment terminated on the 23rd April 2021 by way of redundancy.  The Complainant submits that he was laid off from the 28th October 2020 to 23rd April 2021.  The Complainant was not paid any wages during that period contrary to the provisions of the Act.    Complainant submitted his complaint to the WRC on the 30th September 2021. The time limits for this complaint as set out by the Act, are 1st April 2021 to 30th September 2021. This case is linked to PW/23/88, TE/23/62, TE/23/61 and UD/23/136.

Decision

As the Court in a linked decision PW/23/88, determined that the Complainants contract which he performed under, contained a provision for lay off, no wages were properly payable during the relevant period, and therefore no unlawful deduction could have occurred.

The decision of the Adjudication Officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
FC	______________________
24 July 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Fiona Corcoran, Court Secretary.