PW142/2011

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                          CASE NO.

                                                                                                                       PW142/2011

Employee        -           appellant

against the recommendation of the Rights Commissioner in the case of:

Employer         -          respondent

Employer         -          respondent

under

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms O. Madden B.L.

Members:     Mr. B. Kealy

                    Mr. M. O'Reilly

heard this appeal at Dublin on 16^th January 2013

     and 8^th November 2013

Representation:

Appellant(s) : Mr Damien Keogh, Independent Workers Union, Dublin Branch Office, Suite 6,

                       Fulcrum Offices, 86 Amiens Street, Dublin 1

Respondent(s) : In Person

This case came before the Tribunal by way of an employer appeal of a Rights Commissioner recommendation under the Payment of Wages Act, 1991, reference r-095535-pw-10/GC.

The decision of the Tribunal was as follows:-

Background:

It was submitted that the employee (hereafter referred to as the appellant) had not complied with Section 7 (2) (b) of the Act by his giving a copy of the appeal notice to the other party (employer) concerned within six weeks of the date on which the Rights Commissioner decision was communicated to him.

Determination:

This appeal against Rights Commissioner Decision r-095535-pw-10/GC under the Payment of Wages Act, 1991, fails because the Tribunal has to decline jurisdiction due to Section 7 (2) (b) of the Act not having been established to have been complied with.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)