SECTION 7(1), PAYMENT OF WAGES ACT, 1991
BARRY O'HEA TRADING AS O' HEA LANDSCAPING
(REPRESENTED BY THOMAS CUMMINS HUMAN RESOURCES CONSULTANT)
- AND -
(REPRESENTED BY DERMOT O'LOUGHLIN)
Chairman: Mr Foley
Employer Member: Mr Murphy
Worker Member: Ms O'Donnell
1. Appeal of Adjudication Officer Decision No. ADJ-00000610/RG.
2. The employee appealed the Decision of the Adjudication Officer to the Labour Court on the 8th July, 2016. A Labour Court hearing took place on the 7th December, 2016. The following is the Court's Determination:
This is an appeal by Robertas Gailius (the Appellant) against a Decision of an Adjudication Officer made under the Payment of Wages Act, 1991 (the Act). The Adjudication Officer in her decision found that the Appellant’s former employer, Barry O’Hea t/a O’Hea Landscaping (the Respondent) had breached the Act and ordered the payment of €1,170 to the Appellant.
Summary of the Parties’ position
It was common case that the Respondent had not paid wages to the Appellant which were properly due to him and that the amount of underpayment was €5,082.
On the basis of the evidence supplied the Court concludes that a breach of the Act has occurred and that the Respondent should make a payment of €5,082 to the Appellant 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
13th December 2016______________________
Enquiries concerning this Determination should be addressed to Jason Kennedy, Court Secretary.