EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Bridget Hannon, - appellant 1 PW328/2012
Philomena O'Callaghan, - appellant 2 PW329/2012
Catherine Daly, - appellant 3 PW330/2012
John Hannon - appellant 4 PW331/2012
Thomas Duggan, - appellant 5 PW332/2012
Joan Milstein, - appellant 6 PW333/2012
Michael Hollywood, - appellant 7 PW334/2012
against the recommendation of the Rights Commissioner in the case of:
Limerick Youth Service, - respondent
under
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
Representation:
_______________
Appellant: Mr Ger Kennedy, SIPTU, Liberty Hall, Dublin 1
Respondent: Sinead Mullins, IBEC, Gardiner House, Bank Place, Charlotte Quay, Limerick
This case came before the Tribunal by way of an employee appeal of the Rights Commissioner Decision ref: r-098391, 098394, 098395, 098396, 098397, 098398, 098399, 098400-pw-10 under the Payment of Wages Act, 1991.
Summary of Evidence
The respondent is a charity which sponsors a community employment scheme. The appellant’s are on the community employment scheme funded 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.
Determination
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-098391, 098394, 098395, 098396, 098397, 098398, 098399, 098400-pw-10 under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)