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FULL RECOMMENDATION
SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : TA HOTELS LIMITED T/A LYNAMS HOTEL
(REPRESENTED BY MARTIN CANNY B.L., INSTRUCTED BY P.M. MARTIN SOLICITORS) - AND - PREETI KHOOSYE REPRESENTED BY MICHAEL MCCORMACK B.L., INSTRUCTED BY WILLIAM FRY SOLICITORS SOLICITORS) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr Hall |
1. Appeal Of Adjudication Officer Decision No. ADJ-00006896 CA-00009334-003.
BACKGROUND:
2. The employee appealed the Decision of the Adjudication Officer to the Labour Court on the 10th November 2017. A Labour Court hearing took place on the 24th May 2019. The following is the Court's Determination:
DETERMINATION :
This is an appeal by TA Hotels Limited t/a Lynams Hotel against Decision number ADJ-00006896, CA-00009334-003 of an Adjudication Officer in a complaint by Ms Preeti Khoosye against her former employer TA Hotels Limited t/a Lynams Hotels. The complaint relates to contraventions of the Payment of Wages Act 1991, (the Act) when she alleged that she was not paid minimum notice on the termination of her employment on 1st August 2016. The Adjudication Officer found the complaint to be well founded and directed that the Respondent pay the Complainant four weeks’ notice of €1,406.00.
For ease of reference the parties are given the same designation as they had at first instance. Hence Mr Preeti Khoosye will be referred to as “the Complainant” and TA Hotels Limited t/a Lynams Hotel will be referred to as “the Respondent”.
Enforceability of the Complainant’s Contract of Employment
The Court has earlier found in the Determination RPD1917 that the Complainant’s contract of employment was rendered unenforceable, therefore she had no locus standi to pursue the claim under the Act.
Determination
For all of the reasons set out herein the Court finds that the contract of employment relied upon by the Complainant’s to ground her claim under the Act was tainted with illegality and therefore unenforceable in law. Consequently, she cannot maintain a claim under the Act. In these circumstances, the Respondent’s appeal is allowed, and the decision of the Adjudication Officer is set aside.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
TH ______________________
4 December 2019 Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.