EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Green Isle Foods Limited PW47-PW105/2013
against the recommendation of the Rights Commissioner in the case of:
Martin Keon
Concepta Coughlin
Jason Curran
William Coonan
Marie Horan
Richard Henshaw
Karina Hanley
Mateusz Abratkiewkz
Padraig Brogan
Daniel Lynch
James Kenneally
Valerie Dermody
Ashling McDonagh
Michael Gill
Sean Hayes
Julianne Guilfoyle
Kenneth Moroney
Kevin Hackett
Stephen Dull
James Nolan
Michael Lyons
Philip Burke
Seamus Gleeson
Sean Dooley
Sean Murphy
Martin Joyce
Peter Murphy
Gerard Kelly
Ilse Muller
Angela Sellars
Niall Cox
Noreen Treacy
Jennifer Mann
Sharon Reid
David Alfred Page
Bernie Treacy
Olive Dawson
Anna Slevin
Przemyslaw Piatkowski
Roman Lazarko
Carmel Reid
Jimmy Hanney
Orla Scully
Rita Shiel
Sharon O'Shaughnessy
Martin Bowen
Martin Whyte
Christy Coughlan
Declan Nugent
Joe Ried
Kevin Shrewbridge
Martin Finnerty
Mary O'Sullivan
Paul Muldoon
Christine Spaight
Thomas Shrewbridge
Bridie Clarke
Oliver Kennedy
Sean Gordon
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr J. Fahy B.L.
Members: Mr W. O'Carroll
Ms H. Henry
heard this appeal at Galway on 25th July 2014
Representation:
Appellant:
Mr. Cómhnall Tuohy, Kane Tuohy, Solicitors,
The Malt House North, Grand Canal Quay, Dublin 2
Respondent:
Brian Nolan. TEEU, Forster Court, Galway
This case came to the Tribunal by way of an appeal by the employer against the recommendations of the Rights Commissioner in the case of 59 employees.
Background:
It was common case that the respondent imposed a 5% pay cut on all the appellants from August 2011.
This 5% pay cut was not agreed to by the appellants or their Trade Union. It was the appellant’s representative’s position that by reducing the gross pay of their members by 5% without each person’s prior authorisation in writing was an illegal deduction from pay and a breach of the Payment of Wages Act, 1991.
However it was the respondent’s position that this was not a deduction from pay as defined in the Payment of Wages Act, 1991.
Determination:
Having carefully considered the evidence, both written and oral, adduced at the hearing the Tribunal is satisfied that this was a reduction in pay as distinct from a deduction from pay.
The Tribunal note the decision of Edwards J. in the High Court case of Michael McKenzie and others v Ireland and the Attorney General and the Minister for Defence Rec. No. 2009. 551JR and in particular paragraph 5.8 thereof where the learned Judge states that the Payment of Wages Act has no application to “reductions” as distinct from “deductions”. Where the High Court has made such a decision on a point of law the Tribunal is bound to follow this and must therefore find that this appeal must succeed and the decisions of the Rights Commissioner must be overturned in their entirety.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)