EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYER - appellant
PW254/2013
PW255/2013
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE - respondent No 1
EMPLOYEE – respondent No 2
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr. W. O'Carroll
Ms H. Murphy
heard this appeal at Galway on 6th September 2013
Representation:
_______________
Appellant(s) : In Person (Director of appellant company)
Respondent(s) : In Person
This case came before the Tribunal by way of an appeal against the decisions of a Rights Commissioner ref: r-124514-pw-12 and ref: r-124821-pw-12 under the Payment of Wages Act, 1991.
Determination
Regarding appeals from decisions of Rights Commissioners, Section 7 (2) of the Payments of Wages Act, 1991, provides:
An appeal under this section shall be initiated by a party by his giving, within 6 weeks of 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
Witness for the appellant accepted on the day of the hearing that he did not copy a notice of the appeal to the respondents.
Given that section 7 (2) (b) is a mandatory provision the Tribunal has no discretion to disregard it. Accordingly the Tribunal finds that it has no jurisdiction to hear the appeal and the decisions of the Rights Commissioner stand.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)