PW141/2013

EMPLOYMENT APPEALS TRIBUNAL

APPEAL(S) OF:                                                                                                       CASE NO.

Jermaine Jackson,        -           appellant                                                                     PW141/2013

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

MBCC Foods (Ireland) Limited,        -           respondent

under

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms D. Donovan B.L.

Members:     Mr J. Horan

                    Mr A. Butler

heard this appeal at Carlow on 23rd January 2014

Representation:

Appellant(s) : In person

Respondent(s) : Peninsula Business Services (Ireland) Limited,

                         Unit 3 Ground Floor Block S, East Point Business Park, Dublin 3

The decision of the Tribunal was as follows:-

This matter came before the Tribunal by way of an employee appealing the recommendation of a Rights Commissioner dated 10^th August 2012 under the Payment of Wages Act, 1991 reference – R-113675-PW-11/JT.  

It was the appellant’s case that he did not receive a copy of the recommendation from the Rights Commissioner until the 1 February 2013. There was insufficient information before the Tribunal to determine whether the recommendation had been furnished earlier than this to the address given by the appellant to the Rights Commissioner.  

The appellant confirmed to the Tribunal that he had not furnished a copy of his notice of appeal to the respondent as is required by section 7(2) (b) of the Payment of Wages Act, 1991.

The appellant further confirmed to the Tribunal that the respondent had paid him the outstanding wages, being one month’s wages, four months after his employment with the respondent ended.   The respondent disputed that it was four months and said the outstanding wages were paid ten days after the appellant’s employment ended.

Determination:

The Tribunal determines that it has no jurisdiction to hear the appeal as section 7(2) (b) of the Act had not been complied with by the appellant.

The Tribunal notes that in any event this claim has been settled in that the respondent had already paid the appellant the monies claimed in the within appeal.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)