EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO’s:
EMPLOYER PW258/2012
-appellant PW259/2012
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE -respondent
EMPLOYEE -respondent
-v-
EMPLOYER
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr. N. Ormond
Mr. S. O'Donnell
heard this appeal at Dublin on 4th September 2013
Representation:
Appellant: In person
Respondent:
Background:
This case is before the Tribunal by way of an employer (the appellant) appealing a Decision of a Rights Commissioner, for two employees, ref: r-116510-pw-11MMG, r-116512-pw-11MMG, under the Payment Of Wages Act, 1991.
Determination
The Tribunal cannot hear the appeal as it has no jurisdiction. S. 7(2) of the Payment of Wages Act, 1991, provides:
“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 Tribunal is not satisfied that S.7 (2) (b) above has been complied with and therefore has no alternative but to find that it does not have jurisdiction to hear the appeal under the Payment of Wages Act, 1991, against Rights Commissioner Decisions ref: r-116510-pw-11MMG, r-116512-pw-11MMG.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)