EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Employer - appellant PW344/2012
against the decision of the Rights Commissioner in the case of:
Employee - respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr R. Murphy
Mr. S. O'Donnell
heard this appeal at Dublin on 12th November 2013.
Representation:
Appellant: Rep
Respondent: In person
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of the employer (the appellant) appealing against the decision of the Rights Commissioner under the Payment of Wages Act, 1991 reference (r-109776-pw-11/JT)
Determination:
A representative from the appellant company made an application to postpone the hearing. This was refused.
Having heard evidence from the respondent the Tribunal is not satisfied that the appellant notified the respondent of their intention to appeal the decision of the Rights Commissioner and therefore has not fulfilled the requirements as specified under Section 7(2)(b) of the Payment of Wages Act, 1991.
This section states:
“(2) An appeal under this section shall be initiated by a party by his giving, within 6 weeks of the date on which the decision to which it relates was communicated to him –
(a) A notice in writing to the Tribunal containing such particulars (if any) as may be specified in regulations under subsection (3) and stating the intention of the party concerned to appeal against the decision, and
(b) A copy of the notice to the other party concerned”.
In the circumstances the Tribunal determines that it has no jurisdiction to hear any such appeal from the said decision of the Rights Commissioner. The Tribunal affirms the Rights Commissioner decision (ref. 109776-pw-11/JT) and finds that the appeal under the Payment of Wages Act, 1991 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)