EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
PW78/2011
EMPLOYEE -appellant TE34/2011
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE -respondent
-v-
EMPLOYER
under
PAYMENT OF WAGES ACT, 1991
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Herlihy
Members: Mr. G. Andrews
Ms S. Kelly
heard this appeal at Limerick on 30th August 2012
Representation:
Appellant: Mr. John Lynch, John Lynch & Company, Solicitors,
Bridge House, South Quay, Newcastle West, Co Limerick
Respondent: No appearance or representation
Background:
These cases are before the Tribunal by way of an employee appealing a Rights Commissioners Decision under the under the Payment of Wages Act, 1991, ref: r-093752-pw-10/GC and a Recommendation under the Terms Of Employment (Information) Act, 1994 And 2001, ref: r-093751-te-10/GC.
Determination:
The Payment of Wages Act, 1991, provides:
- –(4)
“(4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him within the period of 6 months beginning on the date of the contravention to which the complaint relates or (in a case where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period not exceeding 6 months as the rights commissioner considers reasonable.”
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The Tribunal determines that the appellant had demonstrated that there were exceptional circumstances as the employer continually acknowledged that he owed the appellant a sum of money.
The appeal under the Payment of Wages Act, 1991, succeeds and the Tribunal in setting aside the Rights Commissioners Decision ref: r-093752-pw-10/GC, awards the appellant the sum of €3,500.00 under that Act.
The appeal of the Recommendation under the Terms of Employment (Information) Act, 1994 and 2001, ref: r-093751-te-10/GC was lodged to the Rights Commissioner six months after the employment ended.
- 7.(3) of the Act provides:
“(3) A rights commissioner shall not entertain a complaint under this section if it is presented to the commissioner after the period of 6 months beginning on the date of termination of the employment concerned.” |
The Tribunal therefore has no alternative in this case but to find that it does not have jurisdiction to hear the appeal under the Terms of Employment (Information) Act, 1994 and 2001, ref: r-093751-te-10/GC.
As a member of the division of the Tribunal that heard this claim, I confirm that the Determination herein is as was agreed by all the members of the division.
This: ________________________
Signed: _____________________
(EMPLOYER MEMBER)
As a member of the division of the Tribunal that heard this/these claim, I confirm that the Determination herein is as was agreed by all the members of the division.
This: ________________________
Signed: _____________________
(EMPLOYEE MEMBER)
The two continuing member/s of the division of the Tribunal that heard this/these claim have confirmed that the Determination herein is as was agreed by all the members of the division.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN OF THE TRIBUNAL)