INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 7(1), PAYMENT OF WAGES ACT, 1991
CUAN MHUIRE TEORANTA
- AND -
Chairman: Mr Foley
Employer Member: Ms Doyle
Worker Member: Mr McCarthy
1. Appeal of Adjudication Officer Decision No r-154437-pw-15/JT.
2. This is an appeal of a Rights Commissioner's (now known as an Adjudication Officer) Decision No: r-154437-pw-15/JT made pursuant to Section 7(1) of the Payment of Wages Act, 1001. The appeal was heard by the Labour Court on 1st December, 2015 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:
This is an appeal by Ms Ophelia Malik (the appellant) against a Decision of a Rights Commissioner made under the Payment of Wages Act, 1991. The Rights Commissioner in his decision found that because she had retired on 3rd February 2015 and had not made a complaint under the Act until 11th March 2015 she did ‘not qualify for the definition of worker under the 1991 Act’. The Rights Commissioner as a result decided that he had no jurisdiction in the case.
Summary of the Appellant’s Position
The Appellant contends that she was paid her wages in arrears. She stated that she received a final payment from her former employer Cuan Mhuire (the respondent) on 29th January 2015. She states that she worked on the 2nd and 3rd February 2015 prior to retiring on 3rd February 2015. She contends that, in contravention of the Act, she received no payment for her work on 2nd and 3rd February.
Summary of the Respondent’s Position
The respondent contends that the appellant received all payment due to her in respect of her employment. The respondent stated to the Court that the appellant had in fact received three additional days’ pay made at the discretion of management.
The Court finds that the appeal is within the jurisdiction afforded to the Court by the Act.
On the basis of the evidence supplied the Court determines that a breach of the Act has occurred and that the respondent should make a payment of €100 to the appellant as compensation in respect of that breach. This payment should be made within six weeks of the date of this determination.
Signed on behalf of the Labour Court
21st December, 2015Deputy Chairman
Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.