Worker right to quit over non-payment of wages

A worker who was deemed to be ‘right’ to quit his job because of non-payment of wages at a County Galway joinery installation company was awarded more than €15,000 in compensation.

The Employment Appeals Tribunal has ruled that Burke Fabrications Limited in Milltown breached trust of employee Kevin Kilkerr by failing to or refusing to pay him wages that were due over a three year period.

The company argued that Mr Kilkerr left his employment and was not dismissed but he took his case to the Tribunal arguing that was not getting paid over a period of three years and had no option but to leave his employment.

Mr Kilkerr started work in October 2009. On February 2010 his pay cheque was returned by the bank. He told the Tribunal he had regular discussions with the company director about not receiving his pay.

The pay issues continued and in September 2012, the company, in response to letters requesting payment, replied to say that he would receive all monies due.

Mr Kilkerr took a case to the Rights Commissioner and was compensated €5,000; and he left employment due to the conduct of his employer.

Burke Fabrications Limited told the Tribunal that the claimant was paid up to date at the time he left work. The Tribunal heard that the business had experienced difficult years but it had now started to improve.

During the difficult times Mr Kilkerr’s hours varied each week; the company admitted there had been issues with PRSI and PAYE in relation to the claimant in the past but all contributions had been brought up to date.

The Tribunal ruled Mr Kilkerr was justified in resigning his employment due to the company’s failure to pay his wages.

It said: “When an employee provides labour and services to an employer it is reasonable for the employee to expect to be paid for its labour and or services. In the present case the respondent, over a long period of time, made part payment of wages to the claimant and furthermore requested that the claimant return to his workplace, on a promise that wages due and owing would be sorted out.

“The claimant did not return to work as the mutual trust, which is an essential component of the contract of employment, was breached so many times by the respondent’s promise to pay his wages and then failing or refusing to do so. False promises, delayed and inconsistent part payments from the employer do not dilute the breach of trust between the employee and employer.”

He was awarded €14,000 under the Unfair Dismissals Act, and €1,212 under the Working Time Act.