PW117/2014

EMPLOYMENT APPEALS TRIBUNAL

APPEAL OF:                                                                                                CASE NO.

Mary Maguire                                                                                                PW117/2014

- Appellant                                        

against the recommendation of the Rights Commissioner in the case of:

St. Catherines Association Limited

- Respondent

under

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:      Ms. J. McGovern BL

Members:       Mr. R. Murphy

                        Mr. A. Butler

heard this appeal at Dublin on 8^th January 2015

Representation:

Appellant:      

Respondent:    Damien Conroy, Augustus Cullen Law, Solicitors, 7 Wentworth Place,

                        Wicklow

This case came before the Tribunal by way of an employer appeal of a Rights Commissioner recommendation under the Payment of Wages Act, 1991 reference r-138656-pw-13/MMG.

The determination of the Tribunal was as follows:

Background:

The employer provides care services at various locations with over 200 employees in a number of care homes and special school. It is funded by the HSE. The employee was employed from the 8^th October 1998 as a Nurse.

The employee lodged a claim under the Payment of Wages act, 1991 to the Rights Commissioner in respect of alleged breaches in 2009. This case was heard by the rights Commission on the 14^th March 2014. A determination dated the 10^th June 2014 stated the Rights Commissioner had found he was statue barred from issuing a decision on the matter.

The employee lodged an appel of this determination to the Employment Appels Tribunal on the 3^rd July 2014.

Determination:

The Tribunal have carefully considered the submissions adduced by both parties in this matter.

Section 6 (4) of the Payment of Wages Act, 1991 states:

            “A rights commissioner shall not entertain a complaint under this section unless it is presented to him within the period of 6 months beginning on the date of the contravention to which the complaint relates or (in a case where a rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period not exceeding 6 months as the right commissioner considers reasonable.”

The alleged breaches took place in April 2009. The complaint was not made to the Rights Commissioner until October 2013 who found he was statute barred from issuing a determination.

In turn the Tribunal finds it has no jurisdiction to hear this appel under the Payment of Wages Act, 1991.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)