Duty to Consult and the Protection of Employment Act 1977

Posted in : Labour & Superior Court Case Law Review Panel on 14 July 2015
Claire Bruton BL
Barrister
Issues covered:

Earagail Eisc Teoranta v Doherty and others [2015] IEHC 347

The obiter comment of Mr Justice Edwards in Permanent Defence Forces Other Ranks Representative Association v The Minister for Finance and Others (‘PDFORA’) to the effect that the Payment of Wages Act 1991 had no application to reductions as opposed to deductions from wages payable had come to the fore in recent Employment Appeals Tribunal determinations. In a number of determinations, the EAT has repeatedly held that section 5 of the 1991 Act applies only to “deductions from”, not “reductions in”, wages: see Bessborough Centre Ltd v Long PW 86/2011, Santry Sports Injury Clinic v Padden PW 251/2011, [2014] E.L.R. 46, Byrne and

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This article is correct at 14/07/2015
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Claire Bruton BL
Barrister

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