EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee - appellant PW250/2012
against the decision of the Rights Commissioner in the case of:
Employer - respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms P. McGrath B.L.
Members: Mr. L. Tobin
Mr P. Trehy
heard this appeal at Tullamore on 11th December 2013
Representation:
Appellant(s) : In person
Respondent(s) : In person
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of an employee appealing the decision of the Rights Commissioner under the Payment of Wages Act 1991 ref.-119820-PW-12/JW.
Determination
The Tribunal cannot hear the appeal as it has no option but to decline jurisdiction. 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 date on which 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.”
The Tribunal is not satisfied that Section 7 (2) (b) above has been complied with and therefore has no alternative but to find that it does not have jurisdiction to hear the appeal under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)