EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Club Travel Limited – appellant PW143/2013
against the decision of the Rights Commissioner in the case of
Jonathan Randall – respondent
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Revington SC
Members: Mr J. Horan
Mr P. Woods
heard this claim at Dublin on 17th April 2014
Appellant: In person
Respondent: In person
The decision of the Tribunal was as follows:-
This case came before the Tribunal as an appeal by an employer, the appellant, of a decision by the Rights Commissioner under the Payment of Wages Act 1991 reference number r-123987-pw-12/JT.
The appellant told the Tribunal that the company reserved the right to deduct 2 weeks’ salary, to cover the cost of initial induction and training, where an employee leaves within 6 months of commencing employment. The respondent had signed a check list agreeing that he was aware of the contents of the Employee Handbook. However he did not sign the document itself nor was he given a paper copy of it but had access to it on the company’s intranet.
The Tribunal finds that signing a check list is not sufficient to establish the respondent’s consent to a deduction from his wages under the Payment of Wages Act.
The appeal under the Payment of Wages Act 1991 fails and the decision of the Rights Commissioner is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal