EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE - appellant PW251/2012
TE132/2012
against the decision/recommendation of the Rights Commissioner in the case of
EMPLOYER – respondent
under
PAYMENT OF WAGES ACT 1991
TERMS OF EMPLOYMENT (INFORMATION) ACTS 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath BL
Members: Mr J. Goulding
Mr P. Trehy
heard this appeal at Dublin on 2nd September 2013
Representation:
Appellant: In person
Respondent: No appearance or representation
The decision of the Tribunal was as follows:-
This case came before the Tribunal as an appeal by an employee against the decision/recommendation of the Rights Commissioner reference numbers r-094978-pw-10/EOS and r-094946-te-10/EOS.
The appeal under the Terms of Employment (Information) Acts 1994 and 2001 was withdrawn.
Determination
The Tribunal is satisfied that the respondent was properly notified of the hearing. The appellant told the Tribunal that at the hearing of his claim under the Payment of Wages Act 1991 before the Rights Commissioner his representative withdrew his claim without consulting him or obtaining his consent to do so.
As the claim was withdrawn at the Rights Commissioner’s hearing the Rights Commissioner did not make any decision on the matter. The Tribunal finds that as the first instance hearing did not issue a finding on the matter, there is no decision that can be appealed to the Tribunal. The Tribunal has no jurisdiction to hear this appeal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)