EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Antoin Barvir PW27/2013
- Appellant
against the recommendation of the Rights Commissioner in the case of:
Ballinalard Transport Limited
- Respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. K. T. O’Mahony BL
Members: Mr. J. Hennessy
Mr. J. Flavin
heard this appeal at Clonmel on the 9th September 2014
Representation:
Appellant: In Person
Respondent: Ronan Kennedy, Kennedy Frewen O’Sullivan, Solicitors, St. Michael Street,
Tipperary Town, Tipperary
This case came before the Tribunal by way of the appellant (the employee) appealing against the recommendation of the Rights Commissioner under the Payment of Wages Act, 1991 (ref. r-122190-pw-12/GC and r-122192-pw-12/GC).
This order should be read in conjunction with PW25/2013 as they were heard in tandem. Both parties are appealing the Rights Commissioner Recommendation of an award of €4,754.00 to the employee.
The determination of the Tribunal was as follows:
Determination:
Section 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”
As the appellant did not send a copy of his notice of appeal to the respondent within the statutory six week time limit as required by Section 7 (2) (b) of the Payment of Wages Act, 1991 the Tribunal has no jurisdiction to hear this appeal.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)