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 by the school in respect of his or her employment out of monies provided by the Oireachteas."

7 S. 5 of the Payment of Wages Act 1991 , provides:

8 "5. '(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless'

9 ( a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute,

10 ( b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or"

11 ( c) in the case of a deduction, the employee has given his prior consent in writing to it."

12 The employee's teacher registration with the Teaching Council lapsed on 29 ^th December 2013. He had received numerous communications from Cork ETB from October 2013 to January 2014 and from the Teaching Council informing him of the consequences of not maintaining his registration with the council. The teacher failed to update or re-register as he should have done in January 2014. He was well aware that he must be registered to teach. He was not paid for that period by his employer because he...