EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
EMPLOYEE UD1618/2012 PW739/2012
against the recommendation of the Rights Commissioner in the case of:
EMPLOYER
under
PAYMENT OF WAGES ACT, 1991
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B L
Members: Mr. R. Murphy
Mr. G. Whyte
heard this appeal at Dublin on 26th September 2013
Representation:
Appellant:
Trayers & Company, Solicitors, 29/30 Ushers Quay, Dublin 8
Respondent:
REP
This case came to the Tribunal by way of an appeal by the employee against the decisions of the Rights Commissioner Ref: r-116376-pw-11/GC and Ref: r-116200-ud-11/GC.
Background:
A preliminary issue arose as to whether the Tribunal had jurisdiction to hear these appeals. The Rights Commissioners decisions were signed and dated on 1st March 2012 and the appeal by the employee was received by the Tribunal on 31st May 2012. Therefore these appeals were lodged with the Tribunal 13 weeks after the date of the Rights Commissioners decisions.
The Acts require that such appeals must be lodged with the Tribunal within 6 weeks of receiving the Rights Commissioner’s decision.
Determination:
The Tribunal gave consideration to the submission put in by the appellant in this matter regarding the question of time limits for the appeal of the Rights Commissioner’s decisions. The Tribunal considered the time for appeal stipulated in the Payment of Wages Act and the Unfair Dismissals Acts, which are shown hereunder.
Payment of Wages Act, 1991
(2) 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.
Unfair Dismissals Act, 1977
(2) An appeal under this section shall be initiated by a party by giving, within 6 weeks of the date on which the recommendation to which it relates was given to the parties concerned, a notice in writing (containing such particulars (if any) as may be specified in regulations under section 17 of this Act for the purposes of section 8 (8) thereof) to the Tribunal and stating the intention of the party concerned to appeal against the recommendation and a copy of the notice shall be given to the other party concerned within the said period of 6 weeks.
Unfair Dismissals (Amendment) Act, 1993
It is mandatory on a party to make an appeal under both Acts within a period of 6 weeks. The Tribunal is aware that where most legislative provisions relate to time limits a shorter period of appeal may lie. In both these Acts the period given is 6 weeks, which is a generous time frame within which to appeal and in addition this period would start from the time the Rights Commissioner’s decisions were received by the party.
In this case no adequate reason was given to the Tribunal to show that the claimant was under a disability that would make it unfair in applying the strict rule of the time limit. The Tribunal is a statutory body and is bound by the statute and are limited thereby.
It is noted that the appeals in these cases were lodged with the Tribunal on a date in excess of 12 weeks after receipt by the appellant of the Rights Commissioner’s decisions.
The Tribunal finds that this period falls outside the time allowed for the appeal and that the Tribunal in fairness must refuse jurisdiction in these matters.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)