EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Kieran Whelehan
- appellant PW261/2013
against the recommendation of the Rights Commissioner in the case of:
Des Rushe, T/A Holts Builders Providers
- respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr R. Maguire, B.L.
Members: Mr P. Pierson
Mr P. Trehy
heard this appeal at Tullamore on 30th October 2014
Representation:
Appellant(s) : In Person
Respondent(s) : 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 an appeal by the employee against the decision of the Rights Commissioner Ref: R-122524-PW-12/JC under the Payment of Wages Act, 1991 dated the 26 February 2013.
Determination
The Tribunal is satisfied that all parties were on notice of the hearing. There was no appearance by or on behalf of the respondent.
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 notes that the appellant lodged his appeal to the Tribunal on the 14 May 2013 which is outside the statutory time period of six weeks. Consequently, the Tribunal does not have jurisdiction to hear the appeal and therefore the decision of the Rights Commissioner is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)