EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
PW75/2014
APPEAL OF:
Mark Kearney - appellant
against the decision of the Rights Commissioner in the case of:
AGL Logistics - respondent
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden B.L.
Members: Mr E. Handley
Mr J. Maher
heard this appeal at Dublin on 25th June 2015.
Representation:
Appellant: In person
Respondent: No appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of the appellant (the employee) appealing against the decision of the Rights Commissioner under the Payment of Wages Act, 1991 (ref. r139675-pw-13/JW)
Determination:
The Tribunal is satisfied that the respondent was duly notified of the hearing. Neither the respondent nor a representative on their behalf appeared at the hearing.
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.”
The Tribunal is not satisfied that Section 7 (2) (b) above has been complied with and therefore has no alternative but to find that it does not have jurisdiction to hear the appeal of the Rights Commissioner Decision under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)