EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Caroline Kennedy - appellant PW131/2014
against the recommendation of the Rights Commissioner in the case of:
Barbara Horan T/A The Little People's Place Creche - respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms J. McGovern B.L.
Members: Mr J. Goulding
Mr A. Butler
heard this appeal at Dublin on 3rd February 2015.
Representation:
Appellant: Mr Leo Costello, Citizens Information Centre, 7 Wynnfield
Road, Rathmines, Dublin 6
Respondent: No appearance by or on behalf of the respondent.
The decision of the Tribunal was as follows:-
This case came before the Tribunal where the appellant (the employee) was appealing against the recommendation of the Rights Commissioner under the Payment of Wages Act, 1991 ref . r-136323, 136329, 136331, 140313-pw-13/JT.
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 Recommendation under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)