PWD2442

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00041271 (CA-00052203-001)

BACKGROUND:

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 13 June 2024 in accordance with Section 44 of the Workplace Relations Act, 2015.  The following is the Court's Decision:

DECISION:

Background to the Appeal

This is an appeal by Ms Kristene O’Regan (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00041271/ CA-00052203-001, dated 12 May 2023) under the Payment of Wages Act 1991 (‘the Act’). The complaint was upheld by the Adjudication Officer who awarded the Complainant compensation of €2,000.00. By Notice of Appeal received in the Court on 13 June 2023, the Complainant appealed the quantum of the award. The Court heard the appeal in Cork on 13 June 2024.

The Factual Background

The Complainant was employed by O’Regan Site Dumpers T/A O’Regan Plant Sales (‘the Respondent’) until her position was made redundant on 31 August 2022. Her complaint under the Act was received by the Workplace Relations Commission on 10 August 2022. The cognisable period for the complaint is, therefore, 11 February 2022 to 10 August 2022.

The Adjudication Officer found that the Complainant’s wages had been unilaterally reduced by the Respondent from €1,000.00 to €487.48 gross with effect from 4 June 2022. The Respondent has not appealed this finding. The Complainant submits that the award of compensation made to her at first instance should be increased from €2,000.00 to the full amount of the underpayment incurred between 4 June 2022 and 10 August 2022.

Discussion and Decision

The Court finds that the Complainant was underpaid by a total of €4,612.68 in the nine-week period in question. The Court, therefore, varies the award made by the Adjudication upwards to this amount and directs the Respondent to make a payment in the amount of €4,612.68 within forty-two days of this decision.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
CN	______________________
9th July  2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Cathal Nerney, Court Secretary.