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Labour Court fell into error in failing to appropriately assess issue of ‘wages properly payable’ within meaning of legislation
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High Court, by way of a point of law appeal from a determination of the Labour Court (overturning a decision of an adjudication officer of the Workplace Relations Commission) finding that no unlawful deduction had been made from the appellant's wages due to an error in the contractual provision relating to the payment of wages to the appellant between the parties, finds that: the Labour Court committed an error of law by failing to appropriately assess the 'wages properly payable to the appellant' within the meaning of applicable payment of wages legislation, instead appearing to conflate non-payment to a 'computational error' (which under legislation permits recovery of wage payments by the employer due to such errors), which legislation does not permit the effective rectification of a contract of employment in circumstances where one side submits there is a material error.
Point of law appeal - Labour Court decision - grounds of appeal - interpretation of contract of employment and purported rectification of contract outside of its jurisdiction - interpretation of contractual terms relating to working hours - finding that no reasonable cause was shown to justify an extension of six-month period for purposes of lodging a claim - premium payable under contract for working unsociable hours - grievance - applicable rate of pay - finding that rate of pay arose from computational error in contract - emphasis on statutory framework of legislation in relation to payment of wages - rationale of Act - Labour Court's jurisdiction in respect of overpayment due to error in computation - reasonable cause for extending time - Order 84C RSC - court's role on point of law appeal from decision of expert tribunal - wages 'properly payable' - error in failing to appropriately assess wages properly payable within meaning of Act - statutory provision permitting recovery for overpayment of wages based upon a error of computation not designed to permit effective rectification of contract which allegedly contains an error - adjudication officer's statutory discretion to extend time to entertain a complaint - adequate material before Labour Court on extension of time issue - order of remittal
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