Labour Court was entitled to reach determination based on evidence before it

Employment law - appeal on a point of law – payment of wages - employed at clerical officer grade but maintains that for some considerable time he has been fulfilling the duties of a geographic information system technician (“GIS technician”) at executive officer level, which attracts a higher rate of pay – argued that the claim had not been filed within the appropriate time limits - Labour Court focused on how wages become properly payable to a civil servant in the Department - whether, at the material time, a rate of pay was properly payable to the appellant, higher than that which was actually paid to him - mechanisms employed to assign a rate of pay, or a grade, to a civil servant in the Department - Labour court found that no procedure had been followed by the Department which would create a rate of pay properly payable to the employee other than that which he did receive at the material time – appeal to the High Court – factual background - role of the court on appeal – preliminary issue - obligation on a decision maker to provide reasons for its decision - fact that this was a procedure which was acceded to at the time, and upon which submissions were made led the Court that it would be inappropriate to interfere with the determination of the Labour Court on this basis - satisfied that there was material before the Court upon which it was open to it to conclude as it did – failed to discharge the onus of proof which is upon him – appeal dismissed.