Correcting Order
EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
PW275/2015
PW276/2015
PW277/2015
PW278/2015
PW279/2015
PW280/2015
PW281/2015
PW282/2015
APPEAL(S) OF:
John Alexander
- Appellant 1
Paul Watt
- Appellant 2
John Egan
- Appellant 3
Edward Reynor
- Appellant 4
Martin Dooley
- Appellant 5
Joseph Kiernan
- Appellant 6
James Gregory
- Appellant 7
Pascal Walsh
- Appellant 8
against the recommendation of the Rights Commissioner in the case of:
ESB
- Respondent
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr M. Noone
Mr J. Maher
heard this appeal at Dublin on 10th August 2016
and 9th November 2016
This case came before the Tribunal by way of the employees appealing the recommendations of the Rights Commissioner under the Payment of Wages Act 1991 references:
Appellant 1 – r-139812-pw-13/RG, Appellant 2–r-139809-pw-13/RG,
Appellant 3 –r- 140012-pw-13/RG, Appellant 4 –r- 139816-pw-13/RG (r-140055-pw-13/RG)
Appellant 5 –r- 139736-pw-13/RG (+ others), Appellant 6 - r-140006-pw-13/RG,
Appellant 7 –r-141321-pw-14/RG, Appellant 8 –r- 141221-pw-14/RG.
Representation:
Appellant(s): Mr Dan O'Connell, O'Connell & Associates, Castle Park, Ashbourne, Co Meath
Respondent: Mr. Marcus Dowling BL instructed by:
Janice Kavanagh, ESB, Legal Dept, Business Service Centre,
27 Lower Fitzwilliam Street, Dublin 2
Determination:
This Order corrects the original Order dated 1st of March 2017 and should be read in conjunction with that Order.
The second and final lines in the final paragraph of the determination should read:
“However, that failure, whether it lies at the feet of the respondent or the group of unions does not affect the validity of the agreement. The Tribunal is satisfied that the appellants are bound by the collective agreement.”
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)