EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Green Shamrock Limited PW332/2013
against the recommendation of the Rights Commissioner in the case of:
Mohammad Ayaz Qmar
PAYMENT OF WAGES ACT 1991
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Dr. A. Courell B.L.
Members: Mr P. Pierson
Ms. R. Kerrigan
heard this appeal at Sligo on 17th December 2014
Appellant: Ms Elaine Coghill, Anne Hickey, Solicitors, Wine Street, Sligo
Respondent: Mr Francis Gaughan, Martin & Gately, Solicitors, Top Floor,
Kingsbridge House, 17-22 Parkgate Street, Dublin 8
This case came before the Tribunal by way of employer appeals of the Rights Commissioner Decision ref: r-127687-pw-12/JW, r-127691-pw-12/JW under the Payment of Wages Act 1991 and ref: r-127688-te-12/JW, r-127692-te-12/JW under the Terms of Employment (Information) Act 1994 to 2012.
In this case the respondent is the employee. The appellant company is a Kebab shop. The employee is from Pakistan and worked for the employer from the 26th of March 2012 until the 22nd of June 2012 on a student visa. The student visa allows a person to work for a maximum of 20 hours per week.
The employee worked for 42 hours per week but only claimed 20 hours (as per the signed roster) to satisfy his visa requirements. The employee received €500.00 pay to cover the duration of his employment. He was supposed to be earning €8.65 per hour plus the accommodation the employer provided. The employee was paid cash-in-hand and had to request his P45 from the Revenue Commissioners. He never received any holiday entitlements or Terms and Conditions of employment. The payslips the employer has provided for the Tribunal are not the same as the ones previously shown to the employee.
The employee only worked 20 hours per week at €8.65 per hour and was paid cash. The Immigration Officer had checked and was satisfied with the employee’s status. The employee was given his Terms and Conditions of Employment but never returned a signed copy to the employer. The employer accepts that the employee is owed holiday pay and bank holiday pay but he was withholding it, pending the employee paying his outstanding rent and bills. The employer’s accountant compiles the payslips every week; they are given to the employees when they request them.
Having considered all of the evidence adduced, the Tribunal affirm the Rights Commissioner Recommendation ref: r-127688-te-12/JW, r-127692-te-12/JW under the Terms of Employment (Information) Act 1994 to 2012 and award the respondent employee €350.00.
The Tribunal affirm the Rights Commissioner Decision ref: r-127687-pw-12/JW, r-127691-pw-12/JW under the Payment of Wages Act 1991 and award the respondent employee €2,122.85.
Sealed with the Seal of the
Employment Appeals Tribunal