EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Deirdre Cullinane -appellant
PW132/2012
against the recommendation of the Rights Commissioner in the case of:
HSE South -respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms D. Donovan B.L.
Members: Mr J. Browne
Mr F. Dorgan
heard this appeal at Waterford on 28th March 2014
Representation:
Appellant: Mr. Gareth Hayden B.L. instructed by M.M. Halley & Son, Solicitors, "Presentation House", Slievekeale Road, Waterford
Respondent: Ms. A of the respondent
Background:
This appeal came before Tribunal by way of an employee (the appellant) appealing against a decision of the Rights Commissioner under the Payment of Wages Act, 1991 (reference: r-111663-pw-11/MMG).
Determination
The Tribunal unanimously determines that as the appellant has not complied with the mandatory statutory requirements pursuant to the provisions of section 7(2)(b) of the Payment of Wages Act, 1991 the appeal was not properly before it.
In such circumstances, the Tribunal determines that it has no jurisdiction to hear and determine the appeal from the decision of the Rights Commissioner. Accordingly, the decision of the Rights Commissioner (1991 (reference: r-111663-pw-11/MMG) stands.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)