EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Dermot Byrne - appellant
PW737/2012
against the decision of the Rights Commissioner in the case of:
The Commissioner of An Garda Siochána- respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr F. Cunneen
Mr T. Brady
heard this appeal at Dublin on 1st May 2014
Representation:
_______________
Appellant(s) : In Person
Respondent(s) : Ms Cathy Maguire BL instructed by Ms Lorraine Williams Chief State
Solicitors Office Little Ship St Dublin 8.
This case came before the Tribunal by way of an appeal by the employee against the decision of a Rights Commissioner reference: r-117480-pw-11 under the Payment of Wages Act, 1991.
Determination
On the day of the hearing the appellant told the Tribunal that he had appealed the decision of the Rights Commissioner to the Tribunal but had not given a copy of the notice of the appeal to the respondent.
Section 7 (2) of the Payment of Wages Act, 1191 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.
As section 7 (2) (b) is a mandatory legislative provision the Tribunal does not have discretion to disregard it. Accordingly the Tribunal finds that it does not have jurisdiction to hear the appeal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)