Facts

In this case Mr McDermott was a medical consultant in Connolly Hospital, Blanchardstown, Dublin. He was employed pursuant to a consultant's contract dated 2008. His contract of employment provided for incremental salary increases from 2009 onwards. All parties accepted 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 Proceddings

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 was