EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee PW268/2013
- appellant WT134/2013
against the recommendation of the Rights Commissioner in the case of:
Employer
- respondent
under
PAYMENT OF WAGES ACT, 1991
ORGANISATION OF WORKING TIME ACT, 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr M. Noone
Mr J. Flannery
heard this appeal at Portlaoise on 30th October 2013
Representation:
Appellant(s) : Mr. Robert White, Bolger White Egan & Flanagan, Solicitors,8 Lismard Court,
Portlaoise, Co Laois
Respondent(s) : Not Present or Represented
This case came before the Tribunal by way of an appeal by an employee against a decision of the Rights Commissioner under the Payment of Wages Act, 1991 ref:-r-126123,126170-pw-12/JT and under the Organisation of Working Time Act, 1991 ref: r-126166-wt-12/JT.
The decision of the Tribunal was as follows:-
Determination:
The Tribunal have carefully considered the uncontested evidence in these matters and upset the decision of the Rights Commissioners.
In respect of the claim under the Payment of Wages Act, 1991 the Tribunal finds that under Section 7 (2) (b) the Tribunal has no jurisdiction to hear this appeal. Section 7 (2) (a) and (b) 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 respect of the appeal under the Organisation of Working Time Act, 1991 the Tribunal finds in favour of the appellant and awards the sum of € 437.00, this being remuneration for five days annual leave and five bank holidays.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)