PW675/2012

EMPLOYMENT APPEALS TRIBUNAL

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms S. McNally

Members:     Mr D. Hegarty

                     Mr J. Flavin

heard this appeal at Cork on 12 February 2014

Representation:

Appellant:  

         Mr Michael Landers, IMPACT, Nerneys Court,

         Off Temple Street, Dublin 1

Respondent:

                     Ms Rosemary Mallon BL instructed by Ms Jacqueline Ho,

                     Arthur Cox, Earlsfort Centre, Earlsfort Terrace, Dublin 2

The determination of the Tribunal was as follows: -

This case came before the Tribunal as a result of an appeal by an employee (the appellant) against a decision of the Rights Commissioner under the Payment of Wages Act, 1991 PW122452/12/MR, in the case of an employer (the respondent).

Preliminary Issue

It was contended on behalf of the employer that while it was not in a position to say whether the employee as appellant had complied with Section 7 (2) b of the Payment of Wages Act, 1991 which provides

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---

1. 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
2.  A copy of the notice to the other party concerned.

It was for the appellant to show that this requirement had been complied with.

It was contended on behalf of the appellant that this requirement had been complied with as the notice had been left at the employer’s security office for the attention of a named official. It was further contended that proof of the employer’s receipt of this notice could be produced at a later date.

Accordingly, the Tribunal gave the employee’s representative four weeks in which to provide proof of compliance with the requirement.

Determination

After the expiry of the four-week period granted for the purpose and no proof of compliance being provided the Tribunal cannot be satisfied that the employee as appellant has complied with section 7 (2) b of the Payment of Wages Act, 1991. In these circumstances the Tribunal finds that there is no jurisdiction to hear the appeal under that Act and the appeal is therefore dismissed.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)