EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
against the recommendation of the Rights Commissioner in the case of:
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr. C. Lucey
Mr. P. Trehy
heard this appeal at Dublin on 10th October 2013
Appellant: REP- EMPLOYER
Respondent: Ms Catherine Ardagh, Ardagh, Solicitors, 168 Walkinstown
Road, Dublin 12
This case is before the Tribunal by way of an employee appealing the Decision of a Rights Commissioner under the Payment of Wages Act 1991, ref: r-120561-pw-12/JW, PW342/2012.
It must be noted that there is a contra appeal by the employer of the Decision of a Rights Commissioner under the Payment of Wages Act 1991, re ref: r-120561-pw-12/JW of which a separate Determination is given.
The employee was employed as a teacher, she gave evidence to the Tribunal that she applied for a position in the respondent school/VEC. At the interview she told them that she was qualified to teach Biology and science but that she was not qualified to teach maths. She gave them her registration number so that they could check her qualifications. She was taken on and was paid the unqualified rate until she sent her qualifications to her employer. She sent in her documentation but the administration kept losing her documentation.
Regarding the documentation she sent in there was an error on it in that she mistakenly hand wrote in that she was qualified to teach maths. She explained to the Tribunal why this was so and that she had not intended to mislead the employer. She also explained the qualifications required to be a registered teacher. She was qualified but not registered. But she could teach some classes in maths i.e. the 2nd year and 3rd year classes. She is claiming that she should be paid the qualified rate.
The employer contended that the teacher had to be qualified to teach biology science and maths. She was not qualified to teach maths.
The Tribunal determines that the appeal of the employee under the Payment of Wages Act 1991, ref: r-120561-pw-12/JW, PW342/2012, fails because the employee was not registered to teach all subjects advertised in the post. The employee was and is only entitled to the unqualified rate of pay and she was paid that amount. The Rights Commissioner Decision ref: r-120561-pw-12/JW is therefore set aside.
Sealed with the Seal of the
Employment Appeals Tribunal