EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Mark Coyne PW415/2013
against the recommendation of the Rights Commissioner in the case of:
HSE South
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. S. McNally
Members: Ms. M. Sweeney
Ms. H. Kelleher
heard this case in Cork on 8 January 2015
Representation:
_______________
Appellant(s):
No legal or trade union representation
Respondent(s):
No legal representation
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employee appeal against Rights Commissioner Decision r-128479/128482-pw-12/JOC under the Payment of Wages Act, 1991.
The Respondent’s Case
It was contended on behalf of the respondent that the appellant had not complied with Section 7 (2) (b) of the above Act by his sending a copy of the appeal notice to the employer within the required six weeks.
The Appellant’s Case
The appellant who represented himself confirmed he was not aware of the requirements of Section 7 (2) (b) of the above Act and had not sent a copy of the Notice of Appeal to the respondent. The Tribunal explained to him that it had no discretion under the Act to waive the appellant’s requirement under Section 7 (2) (b) of the above Act.
Determination:
The Tribunal, in all the circumstances of the case, has no option but to determine that the employee appeal against Rights Commissioner Decision r-128479/128482-pw-12/JOC under the Payment of Wages Act, 1991, fails in that it was not properly before the Tribunal in accordance with Section 7 (2) (b) of the Act.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)