EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Rory O’Connor T/A Garvan & O’Connor PW336/2013
- Appellant
against the recommendation of the Rights Commissioner in the case of:
Edel McCool - Respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. N. O’Carroll-Kelly
Members: Mr. D. Morrison
Mr. M. McGarry
heard this claim at Castlebar on 23rd October 2014
Representation:
Appellant: The appellant in person
Respondent: John Gordon, John J Gordon & Son, Solicitors, John Street, Ballina, Co. Mayo
This case came before the Tribunal by way of an appeal by the former employer (appellant) against the recommendation made by a Rights Commissioner reference r-129954-pw-13/EOS.
Determination:
The appellant confirmed at the outset that he had not sent a copy of notification of his appeal to the respondent within six weeks of the Rights Commissioners decision. Section 7 (2)(b) of the Payment of Wages Act, 1991 states as follows:
- —(1) A party concerned may appeal to the Tribunal from a decision of a rights commissioner under section 6 and, if he does so, the Tribunal shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, shall make a determination in writing in relation to the appeal affirming, varying or setting aside the decision and shall communicate the determination to the parties.
(2) 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.
Therefore the Tribunal must decline jurisdiction to hear this appeal of the Rights Commissioner’s decision Ref: r-129954-pw-13/EOS.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)