EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYER, PW428-PW430/2011
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE
and
EMPLOYEE
and
EMPLOYEE
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Hayes BL
Members: Mr. A. O'Mara
Mr. J. Dorney
heard this appeal in Dublin on 12 July 2013
Representation:
_______________
Appellant(s):
No legal representation at the hearing
Respondent(s):
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employer appeal under the Payment of Wages Act, 1991, against Rights Commissioner Decisions r-106514-pw-11/TB, r-106515-pw-11/TB and 106563-pw-11/TB.
At the beginning of the Tribunal hearing the respondents’ representative submitted that the appellant was not in compliance with Section 7 (2)(b) of the Act in that the appellant had not served the notice of appeal on the respondents within the timeframe specified by the legislation. The respondents gave sworn testimony to confirm this.
The appellant’s owner (DD) did not dispute the above by alleging any compliance by the appellant with Section 7 (2)(b) of the Act.
Determination:
Given that the Tribunal was not satisfied that Section 7 (2)(b) of the Act was complied with, the legislation allows the Tribunal no discretion but to accept the submission of the respondents’ representative and decline jurisdiction to hear any appeal of Rights Commissioner Decisions r-106514-pw-11/TB, r-106515-pw-11/TB and 106563-pw-11/TB under the Payment of Wages Act, 1991, such that the said appeals are herewith dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)