EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Bridie Lyons PW377/2012
t/a C Lyons Tractor Sales
against the recommendation of the Rights Commissioner in the case of:
Gabriel Ruane
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr W. O'Carroll
Ms H. Henry
heard this appeal at Galway on 30th April 2015
Representation:
Appellant : Mr James Nerney B L instructed by
Geraldine C Costello & Associates, Solicitors,
Unit 4A Oranmore Business Park, Oranmore, Co Galway
Respondent : MacSweeney & Company, Solicitors, First Floor,
1 Merchants Gate, Merchants Road, Galway
This case came before the Tribunal by way of an appeal against a Rights’ Commissioner’s recommendation reference r-119780-pw-11
An application by the appellant to postpone this hearing was refused at the outset of this hearing
The decision of the Tribunal was as follows:
Having heard brief submissions and evidence the Tribunal finds it was unable accept jurisdiction to hear this appeal. Paragraph 7 of the Payment of Wages Act, 1991 reads
partly as follows:
7 (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.
The respondent and his representative gave sworn evidence that they were not notified of the appeal in accordance with the provisions of the above section. The Tribunal was not satisfied that the appellant complied with the mandatory provisions of the aforementioned section as no evidence was produced showing compliance.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)