Education and Training Board v Joseph Dennehy

• Jurisdiction: Ireland
• Judgment Date: 02 June 2016
• Judgment citation (vLex): [2016] 6 JIEC 0206
• Docket Number: PW4/2015
• Date: 02 June 2016
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. PW4/2015

APPEAL OF:

Cork Education and Training Board

Appellant

and

the recommendation of the Rights Commissioner in the case of:

Joseph Dennehy

Respondent

Representation:

Appellant: Ms Judith Curtain, O'Flynn Exhams, Solicitors, 59 South Mall, Cork.

Respondent: Mr Bernard Moynihan, A S T I, Thomas Mac Donagh House, Winetavern Street, Dublin 8

under

PAYMENT OF WAGES ACT 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms S. Mc Nally

Members: Ms M. Sweeney

Ms H. Kelleher

heard this appeal at Cork on 2nd June 2016

Background:

1 This case is before the Tribunal by way of an employer appealing a Decision of a Rights Commissioner under the Payment of Wages Act 1991. The employee is employed as a teacher the Respondent is the Cork Education and Training Board. The employee was not paid for a short period by his employer and brought a claim under the above Act.

Determination:

2 S. 30 of the Teaching Council Act 2001, provides:

3 "A person who is employed as a teacher in a recognised school but-

4 (a) is not registered as a teacher, or

5 (b) is removed or suspended from the register under part 5,

6 shall not be remunerated...