International Fire Investigators & Consultants Ltd T/A Ific Forensics (Represented by Peninsula Ireland) v Maurice Dallaghan (Represented by Conal Devine and Associates Ltd)

• Jurisdiction: Ireland
• Judgment Date: 26 January 2018
• Judgment citation (vLex): [2018] 1 JIEC 2603
• Date: 26 January 2018
• Court: Employment Appeal Tribunal (Ireland)
• Docket Number: ADJ-00005023 CA-00004967-001,FULL RECOMMENDATION,DETERMINATION NO.PWD183

Labour Court (Ireland)

FULL RECOMMENDATION

PW/17/59

DETERMINATION NO.PWD183

ADJ-00005023 CA-00004967-001

PARTIES:

International Fire Investigators & Consultants Ltd T/A Ific Forensics (Represented by Peninsula Ireland)

and

Maurice Dallaghan (Represented by Conal Devine and Associates Limited)

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Mr Marie

Worker Member: Ms Treacy

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

SUBJECT:

1 1. An appeal of an Adjudication Officer's Decision no: ADJ-00005023.

BACKGROUND:

2 2. This is an appeal of an Adjudication Officer's Decision no ADJ-00005023 made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 19 January 2018 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:

DETERMINATION:

3 This is an appeal by International Fire Investigators & Consultants Limited t/a IFIC Forensics against the Decision of an Adjudication Officer ADJ-00005023, CA-00004967-001, in a claim by Mr Maurice Dallaghan under the Payment of Wages Act 1991 (the 1991 Act). In this Determination, International Fire Investigators & Consultants Limited t/a IFIC Forensics is referred to as “the Respondent” and Mr Maurice Dallaghan is referred to as “the Complainant”.

4 The Complainant referred his complaint under the Act to the Workplace Relations Commission (WRC) on 27 ^th May 2016. In his complaint to the WRC, the Complainant alleged that the Respondent unlawfully deducted monies due to him.

Background

5 The Complainant commenced employment with the Respondent in April 2012 and tendered his resignation on 30 ^th September 2015 to expire on 31 ^st December 2015. He was employed as a Senior Investigator for the Respondent who is an independent fire specialist providing advice and expertise to clients. The Complainant's annual salary amounted to €78,000 per annum, giving him a daily rate of €300.00. When not on an inspection site the Complainant worked from home.

Position of the Parties

6 Mr Conal Devine, Conal Devine & Associates, on behalf of the Complainant submitted that the Respondent did not pay him €5,504.41 in respect of wages due. Included in the amount claimed was payment for the following:

6 Overnight Allowance payments;

5 days' annual leave;

3 days' sick leave;

2 days' Time Off in Lieu (TOIL);

3.3 days for week commencing 5 ^th October;

2 days in respect of 14 ^th & 15 ^th October;

2 days in respect of 15th & 17th December; and

2 Public Holidays, 25 ^th & 26 ^th December 2015.

7 A claim for expenses was deemed by the Adjudication Officer as falling outside the statutory definition of wages and consequently was not covered by the terms of the Act. This decision was not on appeal before the Court.

8 The claim in respect of annual leave and public holidays was brought under the Organisation of Working Time Act, 1997. See Determination no DWT181 which found that the Complainant had received his full statutory annual leave under the Act, therefore that aspect of the claim was not well founded. The Court found in favour of his claim in respect of public holidays and awarded compensation under...