EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
PW276/2014
TE117/2014
APPEAL(S) OF:
Radoslaw Ryske (appellant)
against the recommendation of the Rights Commissioner in the case of:
Sierra Communications Limited (respondent)
under
PAYMENT OF WAGES ACT, 1991
TERMS OF EMPLOYMENT INFORMATION ACT , 1994 to 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly B.L.
Members: Mr M. Noone
Mr. J. Dorney
heard this appeal at Dublin on 13th November 2015
Representation:
_______________
Appellant(s) : In person
Respondent(s) : Mr. Tim O'Connell, Ibec, Confederation House, 84/86 Lower Baggot Street, Dublin 2
The decision of the Tribunal was as follows:
This case came before the Tribunal by way of an employee appeal of a Rights Commissioner recommendation under the Payment of Wages Acts r-137337-pw-13/RG and Terms of Employment Act r-137330-te-13/RG.
This case was heard in conjunction with PW277/2014 and TE118/2014.
The claim under the Terms of Employment Information Act was withdrawn during the hearing.
The respondent outlined that the company handbook outlines that:
“if there is a temporary shortage of work for any reason, we will try to maintain your continuity of employment even if this necessitates temporarily placing you on short time or having to lay you off work without pay”.
The appellant’s contract specifically states he is not entitled to pay during lay-off and on that basis the appeal under the Payment of Wages Acts fails and the Tribunal upholds the decision of the Rights Commissioner.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)