EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Richard Whelan – appellant 1 PW115/2013
George Fitzgerald – appellant 2 PW116/2013
Christopher Keane – appellant 3 PW117/2013
Gerard Crawford – appellant 4 PW118/2013
Anne Bourke – appellant 5 PW119/2013
Jean Cantwell – appellant 6 PW120/2013
Alan Hannan – appellant 7 PW121/2013
Marion Mungivan – appellant 8 PW122/2013
Patrick Woodland – appellant 9 PW123/2013
against the recommendation of the Rights Commissioner in the case of:
Southill Community Services Board Limited, (In Liquidation) - respondent
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. Clancy
Members: Mr D. Hegarty
Mr J. Flavin
heard this appeal at Limerick on 25th April 2014
Appellant: Mr Ger Kennedy, SIPTU, Liberty Hall, Dublin 1
Respondent: No appearance or representation on behalf of the respondent
This case came before the Tribunal by way of an employee appeal of the Rights Commissioner Decision ref: r-100383, 100395, 100396, 100401, 100402, 100405, 100407, 100408, 100410, 100412-pw-10 under the Payment of Wages Act, 1991.
Summary of Evidence
The respondent (in liquidation) sponsored the appellant’s on a community employment scheme. The rates of pay are dictated and paid by Fás. As on the 1st of January 2010 Fás reduced the weekly payment to all individuals on community employment schemes. This reduction in wages was not communicated to the employees. The employees maintain that it was an illegal deduction from their wages.
The Tribunal find, by majority decision, that the employees suffered a reduction in wages and not a deduction as to qualify them for relief under the Payment of Wages Act, 1991.
The Tribunal uphold the Rights Commissioner Decision ref: r-100383, 100395, 100396, 100401, 100402, 100405, 100407, 100408, 100410, 100412-pw-10 under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal