PW44/2013, TE23/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                                                 CASE NO.

DTT Fuels Limited T/A Econ Fuels   -           Appellant

                                                                                                                                                             PW44/2013

                                                                                                                                                             TE23/2013

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

Peter Cullen-Raleigh   -   Respondent

under

PAYMENT OF WAGES ACT, 1991

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms. D. Donovan BL

Members:     Mr. J. Browne

Mr F. Dorgan

heard this appeal at Wexford on 13^th June 2014

Representation:

Appellant(s) :      Not Present or Represented         

Respondent(s) :     Robert Jacobs, Gallenalliance Solicitors, Merrythought House,

                               Enniscorthy, Co. Wexford

This case came before the Tribunal by way of an appeal by an employer (appellant) appealing against the recommendations of the Rights Commissioner reference numbers: r-112255-pw-11 and r-112262-te-11.

The decision of the Tribunal was as follows:-

Determination:

The Tribunal are satisfied that the appellant was properly notified of the date, time and location of the above hearing. Neither they nor a representative on their behalf attended the hearing in the Courthouse, Wexford.

The appeal of the Appellant Employer fails for want of prosecution and accordingly the Tribunal affirms the Order of the Rights Commissioner made on 13^th December 2012.

The Tribunal accepts the submission of the legal representative for the Respondent Employee that the Appellant Employer entered the appeal solely for the purpose of delay and defeating the claim of the Respondent Employee, that no meaningful appeal had been entered and accordingly the Respondent Employee was entitled to a costs order.   The Tribunal awards costs to the Respondent Employee in the amount of €1,250.00 exclusive of VAT.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)