EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYER PW766/2012
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE
-v-
EMPLOYER
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms J. McGovern B.L.
Members: Mr. A. O'Mara
heard this appeal at Dublin on 12th February 2014
Representation:
Appellant: Mr. T. Mallon BL instructed by Ms Noeleen Meehan solicitor
A & L Goodbody, Solicitors, Ifsc, North Wall Quay, Dublin 1
Respondent: Mr. R. Ryan BL instructed by Mr. Andrew Turner solicitor
Hamilton Turner, Solicitors, 66 Dame Street, Dublin 2
Determination:
This case is before the Tribunal by way of an employer appealing a Decision of a Rights Commissioner ref: r-122253-pw-12/GC, under the Payment of Wages Act, 1991. The employer being the appellant and the employee the respondent.
The Tribunal cannot hear the appeal as it has no option but to decline jurisdiction. S. 7(2) of the Payment of Wages Act, 1991, 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.”
The Tribunal is not satisfied that s.7 (2) (a) above has been complied with and therefore has no alternative but to find that it does not have jurisdiction to hear the appeal under the Payment of Wages Act, 1991, against Rights Commissioner Recommendation ref: r-122253-pw-12/GC.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)