Keane and Kells (K&K) Day Today v Colette Byrne (Represented by Davy Hynes)

• Jurisdiction: Ireland
• Judgment Date: 11 June 2018
• Judgment citation (vLex): [2018] 6 JIEC 1104
• Date: 11 June 2018
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.PWD1823 ADJ-00007042 CA-00009580-004
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

PW/17/60

DETERMINATION NO.PWD1823

ADJ-00007042 CA-00009580-004

PARTIES:

Keane and Kells (K&K) Day Today

and

Colette Byrne (Represented by Davy Hynes)

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Ms Doyle

Worker Member: Ms Treacy

SECTION 7(1), PAYMENT OF WAGES ACT, 1991

SUBJECT:

1 1. Appeal of Adjudication Officer's Decision No ADJ-00007042

BACKGROUND:

2 2. The case before the Court concerns the Claimant's appeal of an Adjudication Officer's Decision ADJ-00007042. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 7(1) of the Payment of Wages Act, 1991. A Labour Court hearing took place on 17th May, 2018. The Employer was not present and was not represented at the hearing. The following is the Determination of the Court:

DETERMINATION:

3 This is an appeal by Ms Colette Byrne against a Decision of an Adjudication Officer ADJ-00007042, CA-00009580-004 made under the Payment of Wages Act, 1991 (the Act) alleging that her employer Keane & Kells (K&K) Day Today had made unlawful deductions from her wages.

4 The employer did not attend the hearing before the Court.

5 For ease of reference the parties are given the same designation as they had at first instance. Hence Ms Colette Byrne will be referred to as "the Complainant" and Keane & Kells (K&K) Day Today will be referred to as "the Respondent".

6 The Adjudication Officer found in favour of the Complainant's complaint and awarded her the sum of €419.81 and ordered the Respondent to pay that sum within six weeks of the date of his Decision.

7 The Complainant was employed as a Sales Assistant from 1 ^st May 2011 until 4 ^th February 2017.

8 The Complainant outlined the details of monies which she claimed were owed to her and details of deductions made to her wages in the period from 5 ^th September 2016 until 9 ^th December 2016. Many of her claims were upheld by the Adjudication Officer and a number of her claims failed.

9 The Complainant appealed the Decision. She stated that the Respondent had not paid the award ordered by the Adjudication Officer. The Respondent failed to appear before the Court for the hearing of the appeal.

10 Taking account of the Complainant's position as outlined to the Court, the Court has no reason to overturn or vary the Adjudication Officer's Decision and accordingly upholds the Decision. Therefore, the Court orders the Respondent to pay the sum...