EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Wojciech Wroblewicz – appellant No 1
Damian Balut – appellant No 2
TE53/2012
PW105/2012
PW245/2012
PW671/2012
PW31/2013
TE12/2013
against the recommendations of the Rights Commissioner in the cases of:
Murray Timber (Ballon) - respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms D. Donovan B.L.
Members: Mr J. Horan
Mr A. Butler
heard this appeal at Carlow on 18th November 2013
Representation:
_______________
Appellant(s) : Mr Nathan Jones BL instructed by Mr. Blazej Nowak, Polish Consultancy
Enterprise, 107 Amiens Street, Dublin 1
Respondent(s) : Ms Juanita Brennan, IBEC South East Region,
Confederation House, Waterford Business Park, Cork Road,
Waterford
This case came before the Tribunal by way of appeals by the employees (appellants) against the decisions/recommendations of the Rights Commissioners ref: (r-108201-te-10/JT, r-108204-pw-11/JT, r-125923-te-12/EH, r-125917-pw-12/EH, r-118175-pw-11/RG, r-122691-pw-12/JT) under the Terms of Employment (Information) Act, 1994 and 2001 and the Payment of Wages Act 1991.
Summary of Case
Appellant No 1 commenced working for the respondent company in 2006. He worked for one year and was then laid off for a period of time. He was re-employed in 2007. He worked on a full-time basis working 39 hours per week. He was never provided with a written contract or written terms and conditions of employment. In September 2008 he was placed on short time without any discussion or agreement. He accepted that he was a member of SIPTU at the time he was put on short time but was unaware of any collective agreement that SIPTU had with his employer. He attended some SIPTU meetings but did not understand them as he could not speak English. He did not raise any formal grievance with his manager or his employer at the time he was put on short time. His short time arrangement resulted in him working 3 days per week and he claimed social welfare for the days that he did not work. In 2012 and 2013 he has worked on a full-time, 5 day week basis. He was not aware that short time would be unpaid. He accepted that he was paid for 3 days per week when he worked 3 days per week.
Appellant No 2 commenced working for the respondent company on 7 September 2009. He was not given a written contract of employment. He was placed on short time in 2012 but was unaware that he would not be paid his full wages. He expected to receive his full wages when he was placed on short time. He sought a social welfare payment when he was on short time but he had not paid sufficient contributions to be entitled to social welfare payments. He did not agree to have his hours reduced and was unaware of the collective agreement that existed between his employer and SIPUTU. He never saw that collective agreement. He was a member of SIPTU but resigned in 2012. He continues to work for the respondent.
The respondent company operates a timber processing business and the Tribunal heard evidence that periods of short time are custom and practice within the industry. The respondent company has had to introduce periods of short time since 2007 due to the general downturn in the economy and these periods of short time have protected employment in the company. These periods of short time are unpaid and are done so in consultation and agreement with SIPTU. A copy of this agreement between the employer and the union was opened to the Tribunal. The appellants were members of SIPTU when they were put on short time. They have since resigned their membership and continue to be employed by the respondent. It was accepted that the appellants were not given written terms and conditions of employment. However the respondent has now complied with the Rights Commissioner’s recommendation in that regard and the appellants have now been provided with their terms and conditions of employment.
Determination
To be completed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)