PW665/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                             CASE NO.

EMPLOYEE,                                                                                                             PW665/2012

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

EMPLOYER,

under

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Ms. J.  McGovern B.L.

Members:     Mr. T.  O'Sullivan

                     Mr. S.  O'Donnell

heard this appeal at Dublin on 24th September 2013

Representation:

Appellant(s) :

Respondent(s) :

Background

This case came to the Tribunal by way of an appeal by the employee against the decision of the Rights Commissioner r-119159-pw-12/EH.

A preliminary issue arose as to whether the appellant had properly lodged his appeal within the time limit set down under the Payment of Wages Act, 1991.

The appellant’s representative stated that they received the Rights Commissioner’s decision on 13^th April 2012 and lodged the appeal form T1B with the Employment Appeals Tribunal on 25^th May 2012. The representative also confirmed that a copy of this notice was not sent by them to the respondent.

Determination

The Tribunal considered the evidence adduced in respect of whether it had jurisdiction to hear this appeal. Section 7 (2) (a) & (b) states as follows:

(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.

The Rights Commissioners decision was signed and sent by registered post to the appellant on 12^th April 2012. The appellant’s representative confirmed that this decision was received by them on 13^th April 2012. They also confirmed that they lodged the appeal with the Employment Appeals Tribunal on 25^th May 2012 and did not send a copy to the respondent.

The Tribunal considers the 13^th April 2012 as “the date on which the decision to which it relates was communicated to him”. The six weeks from then within which he had to appeal expired on 24^th May 2012. Therefore this appeal was not lodged within the time limit set down by Section 7 (2). The appellant also failed to meet the requirements of Section 7(2) (b).

Accordingly the Tribunal refuses jurisdiction to hear this appeal against the Rights Commissioners Decision r-119159-pw-12/EH.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

      (CHAIRMAN)