EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
PW789/2012
Employee - appellant
against the recommendation of the Rights Commissioner in the case of:
Employer - respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr C. Lucey
Mr M. O'Reilly
heard this appeal at Dublin on 20th February 2014
Representation:
_______________
Appellant(s) : Ms Siobhan Gaffney BL instructed by Murphys, Solicitors, Mount Clarence
House, 91 Upper George's Street, Dun Laoghaire, Co Dublin
Respondent(s) : Mr Tom Mallon BL instructed by Mason Hayes & Curran, Solicitors, South
Bank House, Barrow Street, Dublin 4
This case came before the Tribunal by way of an appeal by the employee (appellant) against the decision of the Rights Commissioner (r-123073-pw-12/DI) under the Payment of Wages Act 1991.
Determination
Section 7 (2) of the Payment of Wages Act, 1991 provides that:
“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 section 7 (2) (b) above has been complied with and accordingly finds that it does not have jurisdiction to hear the appeal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)