EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE – appellant PW769/2012
against the decision of the Rights Commissioner in the case of
EMPLOYER – respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
ORGANISATION OF WORKING TIME ACT 1997
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran BL
Members: Mr E. Hanley
Mr J. Maher
heard this claim at Dublin on 18th July 2013.
Representation
Claimant: In person
Respondent:
The determination of the Tribunal was as follows:-
This case came before the Tribunal as an appeal by an employee of the decision of the Rights Commissioner under the Payment of Wages Act 1991 reference number r-121747-pw-12/DI.
The appellant thought that he had sent copy the notice of appeal to the respondent as required by Section 7. (2) (b) of the Act. However he did not have a copy of his letter or proof or posting.
The respondent’s solicitor did not recollect receiving a copy of the notice.
Determination:
Regarding appeals from decisions of rights commissioners, Section 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 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.”
Given that Section 7 (2) (b) is a mandatory legislative provision and the Employment Appeals Tribunal has no discretion to disregard it. The appeal r-121747-pw-12/DI under the Payment of Wages Act, 1991, against Rights Commissioner Decision fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)