FACTS

Mr McDermott is a medical consultant in Connolly Hospital, Blanchardstown, Dublin. He is employed pursuant to a consultant's contract dated 2008. His contract of employment provides for incremental salary increases from 2009 onwards. All parties accept that the salary increases were not paid. The reason why the sums were not paid to Mr McDermott related to the state of the economy and the requirement for a reduction in the overall public sector bill. 

HISTORY OF PROCEEDINGS

On 16th June 2011, Mr McDermott issued a complaint under the Payment of Wages Act 1991 (“the Act”) alleging that the HSE had made unlawful deductions between January and June 2011. The HSE defended the case on the basis that the claim