EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Debbie O'Callaghan - appealant PW723/2012
against the recommendation of the Rights Commissioner in the case of:
Gorta - Fas CE Scheme - respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. Wallace
Members: Mr J. Hennessy
Ms H. Kelleher
heard this appeal at Limerick on 31st July 2014
Representation:
_______________
Appellant(s) : Mr. Eddie Mullins, SIPTU, Connolly Hall, Lapps Quay, Cork
Respondent(s) : No appearance by or on behalf of respondent
This case came before the Tribunal by way of an appeal by the employee (appellant) against the decision of the Rights Commissioner reference: (PW94999/10/MR) under the Payment of Wages Act, 1991.
Determination
Section 7 (2) of the Payment of Wages Act states 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.
As the appellant’s representative could not confirm to the Tribunal that the provisions of clause 7 (2) (b) above have been complied with the Tribunal declines jurisdiction in this case.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)