McCurrach UK Ltd (Represented by Peninsula Ireland) v Ian Mulcahy (Represented by Byron Wade B.L., Instructed by Healy O’Connor, Solicitors)

• Jurisdiction: Ireland
• Court: Labour Court (Ireland)
• Judgment Date: 18 December 2018
• Judgment citation (vLex): [2018] 12 JIEC 1803
• Date: 18 December 2018
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.PWD1835 ADJ-00006755 CA-00009033-002

Labour Court

FULL RECOMMENDATION

PW/18/29

DETERMINATION NO.PWD1835

ADJ-00006755 CA-00009033-002

PARTIES:

McCurrach UK Limited (Represented by Peninsula Ireland)

and

Ian Mulcahy (Represented by Byron Wade B.L., Instructed by Healy O’Connor, Solicitors)

DIVISION:

Chairman: Ms O’Donnell

Employer Member: Ms Connolly

Worker Member: Mr McCarthy

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

SUBJECT:

1 1. An appeal of an Adjudication Officer’s Decision no ADJ-00006755.

BACKGROUND:

2 2. The Employer 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 22nd November 2018. The following is the Determination of the Court:

DETERMINATION:

3 This is an appeal by Mc Currach UK Ltd against an Adjudication Officer’s Decision ADJ-00006755 given under the Payment of Wages Act 1991 (the Act) in a claim by Ian Mulcahy that he suffered an unlawful deduction from his wages when his employer refused to pay him for his notice period in line with his contract. The Adjudication Officer found in favour of the Complainant in relation to his claim and directed that that he be paid 9 weeks’ pay amounting to €6,033 as provided for in his contract of employment.

4 The cognisable period for the purpose of the Act is 13th July 2016 to the 12th January 2017.

5 In this Determination, the parties are referred to as they were at first instance. Hence Mc Currach UK Ltd is referred to as the ‘Respondent’ and Ian Mulcahy as ‘the Complainant’.

Background

6 Mr Mulcahy’s original starting date was in 2007 and in 2013 he was transferred under a transfer of undertakings into the Respondent’s employment. Mr Mulcahy was dismissed by the Respondent on the 20th October 2016 without notice. In accordance with his contract Mr Mulcahy was due nine weeks’ notice or to be paid in lieu of same. The staff handbook indicates that in the case of summary dismissal notice or pay in lieu will not apply. The Respondent accepted in the course of the hearing that the Complainant’s dismissal was not a summary dismissal.

7 The applicable law

8 Section 1 of the Act states:

9 wages”, in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including—

(a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment...