The Labour Court set aside Anne Dwyer’s arrears-of-wages award after allowing the Department Of Education & Skills’ appeal. Its determination was dated 5 October 2017.
Dwyer said she had acted as deputy principal for five years and one day, qualifying her to retain an allowance. The Department said her acting service lasted exactly five years, from 1 September 2010 to 31 August 2015. The Court accepted those dates, citing appointment documents and correspondence in which Dwyer confirmed them.
The relevant circular required more than five years’ service to retain the allowance. The Court found Dwyer did not meet that requirement and there had been no breach of the Payment of Wages Act. It set aside the Adjudication Officer’s decision, which had awarded arrears from 19 January 2016. The Court did not address the Department’s separate time-limit argument.