EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE PW669/2012
against the recommendation of the Rights Commissioner in the case of:
EMPLOYER (in liquidation),
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. A. Taaffe
Members: Mr. A. O'Mara
Mr A. Butler
heard this appeal in Dublin on 28 March 2013
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
No attendance or representation
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal under the Payment of Wages Act, 1991, against Rights Commissioner Decision r-121532-pw-12/EH.
The appellant told the Tribunal that he had received a redundancy payment. Regarding any claim he might have for further money owed, he did not claim to have complied with Section 7 (2) (b) of the Payment of Wages Act, 1991, by which he was obliged to give a copy of his appeal notice to the Tribunal to the respondent within six weeks of his receipt of Rights Commissioner Decision r-121532-pw-12/EH.
Determination:
Given the possibility that there was money owed to the appellant, the Tribunal allowed time to pass so as to facilitate such payment. However, the Tribunal cannot delay indefinitely because it is obliged to issue a determination. Therefore, the Tribunal has no alternative but to find that the appeal under the Payment of Wages Act, 1991, against Rights Commissioner Decision r-121532-pw-12/EH fails because the Tribunal was not satisfied that the appellant had complied with Section 7 (2) (b) of the Payment of Wages Act, 1991, by which he was obliged to give a copy of his appeal notice to the Tribunal to the respondent within six weeks of his receipt of the said Rights Commissioner Decision.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)