PW138/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                 CASE NO.

EMPLOYEE                                                                                       PW138/2013

                                                            appellant

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

EMPLOYEE                                                  appellant

and

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-122704-pw-12/RG dated 15^th January 2013.

Determination

The respondent stated that they had received a faxed notice of the appeal in relation to the decision dated 15^th January 2013.

The Tribunal are satisfied that the notice of Appeal regarding the decision of the 15^th January 2013 was sent to the respondent and that Section 7 (2) (b) of the Payment of Wages Act, 1991 was complied with and that the Tribunal has jurisdiction under that Section to hear the matter.

The respondent then stated that the appellant’s appeal was statute barred pursuant to Section 6 (4) of the Payment of Wages Act, 1991.   The appellant stated that her salary was stopped on the 21^st December 2009.  The respondent said it was stopped on the 1^st January 2010.   Taking the appellant’s case at its best the appeal should have been lodged with the Rights Commissioner by the 1^st July 2010.   She first lodged an appeal with the Rights Commissioner on the 14th May 2012.  

The Tribunal are satisfied that no exceptional circumstances which would have prevented the appellant lodging her appeal in time existed.

The matter is statute barred and the appeal fails.  The Tribunal therefore 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)