Coyne Tyres Ballina Ltd v Alan Sweeney

• Jurisdiction: Ireland
• Judgment Date: 06 March 2020
• Judgment citation (vLex): [2020] 3 JIEC 0612
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.PWD2016 ADJ-00016488 CA-00021504001
• Date: 06 March 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

Coyne Tyres Ballina Ltd

and

Alan Sweeney

FULL RECOMMENDATION

PW/19/86

DETERMINATION NO.PWD2016

ADJ-00016488 CA-00021504001

Labour Court

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Ms Connolly

Worker Member: Ms Treacy

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

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No(S). ADJ-00016488 CA-00021504001.

BACKGROUND:

2 2. The Employer appealed the Adjudication Officer's Decision to the Labour Courtin accordance with Section 7 (1) of the Payment of Wages Act, 1991 on the 2 December 2019. The Court heard the appeal on the 27 February 2020.

DETERMINATION:

3 This matter came before the Court by way of an appeal by Coyne Tyres Ballina Limited against the Decision of an Adjudication Officer ADJ-00016488, CA-0021504-001 in a claim under the National Minimum Wage Act 2000 (the Act) brought by Mr Alan Sweeney. The Adjudication Officer found in favour of the Complainant's claim and awarded him the sum of €338.79.

4 For ease of reference the parties are given the same designation as they had at first instance. Hence Mr Alan Sweeney will be referred to as “the Complainant” and Coyne Tyres Ballina Limited will be referred to as “the Respondent”.

5 The Complainant worked for the Respondent as a mobile tyre fitter from 21st May 2018 until 22nd June 2018. During the period of his employment the Complainant was paid at a rate of €7.16 per hour. During the relevant period the national minimum wage was €9.55 per hour. The Complainant claims he was underpaid €381.81 by the Respondent in terms of the minimum wage prescribed by the Act during the course of his employment with the Respondent.

6 After the commencement of his employment, the Complainant sought details of his rates of pay and received a written statement from the Respondent on 22nd May 2018 setting out his rate of pay as follows:-

• €7.16 per hour from 21 May 2018 until 21 June 2018

€7.64 per hour from 22nd June 2018 to 22nd July 2018

€8.60 per hour from 23rd July 2018 until 23rd August 2018

7 The Complainant argued that as an adult experienced worker over the age of 18 (he said he was in his forties) with a number of years' experience as a tyre fitter, that he was entitled to be paid the minimum experienced adult rate of €9.55 per hour. He said that at the commencement of his employment he was informed that for the first three months of his employment there would be a three-tier payment system, however had he known that he was to...