EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE - appellant
UD589/2012
PW182/2012
against the recommendation and decision of the Rights Commissioner in the case of:
EMPLOYER - respondent
under
PAYMENT OF WAGES ACT, 1991
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr J. Browne
Mr P. Trehy
heard this appeal at Portlaoise on 20th September 2013
Representation:
_______________
Appellant(s) :
Respondent(s) : No appearance by or on behalf of respondent
This case came before the Tribunal by way of an appeal by the employee (appellant) against the decision and recommendation of the Rights Commissioner reference (r-113730-pw-11/JC, r-113732-ud-11/JC) under the Payment of Wages Act, 1991 and the Unfair Dismissals Acts, 1977 to 2007.
Determination
The Tribunal is satisfied that both parties were properly on notice of the hearing. The recommendation and decision of the Rights Commissioner were dated 24 February 2012 and the appeals were received by the Tribunal secretariat on 16 April 2012.
Section 7 (2) of the Payment of Wages Act 1991 states that:
“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”
As the appeal was received in the Tribunal secretariat outside of this prescribed time limit the Tribunal finds that it has no jurisdiction to hear the appeal under the Payment of Wages Act, 1991.
Section 9 (2) of the Unfair Dismissals Act 1977 states that:
“an appeal under this section shall be initiated by a party by giving, within 6 weeks of the date on which the recommendation to which it relates was given to the parties concerned, a notice in writing (containing such particulars (if any) as may be specified in regulations under section 17 of this Act for the purposes of section 8 (8) thereof) to the Tribunal and stating the intention of the party concerned to appeal against the recommendation……”
As the appeal was received in the Tribunal secretariat outside of this prescribed time limit the Tribunal finds that it has no jurisdiction to hear the appeal under the Unfair Dismissals Acts, 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)