PW124/2012

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                 CASE NO.

EMPLOYEE                                                                                       PW124/2012

                                                            appellant

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

EMPLOYEE                                                  appellant

EMPLOYER

                                                            respondent

under

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:    Ms N.  O'Carroll-Kelly BL

Members:     Mr. D.  Winston

                     Mr G.  Whyte

heard this appeal at Dublin on 12th July 2013

                          and 27th August 2013

Representation:

____________

Appellant(s):       The appellant in person

Respondent(s)    

The decision of the Tribunal was as follows:-

This appeal came before the Tribunal by way of an appeal of an employee (the appellant) appealing against the decision of the Rights Commissioner reference number r-111925-pw-11/EH dated 21^st February 2012.

Determination

The respondent stated that it had not received a notice from the appellant regarding the decision dated 21^st February 2012.

The Tribunal in the absence of any evidence  that the notice of appeal regarding the decision dated the 21^st February 2012 was sent to the respondent find that Section 7 (2) (b) of the Payment of Wages Act 1991 was not complied with and therefore  it does not have jurisdiction to deal with the appeal.

The appeal fails and the  Tribunal affirms the decision of the Rights Commissioner under the Payment of Wages Act, 1991.

Sealed with the Seal of the

Employment Appeals Tribunal

This _____________________

(Sgd.)_____________________

            CHAIRMAN