EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Raymond Watters Limited PW416/2013
-Appellant
against the recommendation of the Rights Commissioner in the case of:
Michal Ruszel
- Respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. N. O’Carroll Kelly B L
Members: Mr T. O’Sullivan
Mr. O. Nulty
heard this claim at Monaghan on 6th February 2015
Representation:
Appellant: Tony Donagher, Solicitor, 7 Main Street, Carrickmacross, Co. Monaghan
Respondent: LLB LLB Witold Ligezowski, 56 Bun Daire, Kinegad, Co. Westmeath
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-132430-pw-13/SR.
The determination of the Tribunal was as follows:-
Background:
The employee (respondent) submitted a claim under the Payment of Wages Act, 1991 stating the employer (appellant) was in breach of his rights and entitlements including unpaid wages, public holidays, Sunday working and minimum notice.
The Rights Commissioner heard this matter on the 27th June 2013 and found in favour of the employee (respondent). A decision was dated the 21st August 2013 awarding the employee the sum of €5,946.05.
The employer (appellant) appealed this decision to the Employment Appeals Tribunal on the 2nd October 2013.
Determination:
The appellant’s representative agreed that they did not notify the respondent of his intention to appeal the decision of the Rights Commissioner decision as specified by section 7(2)(b) of the Payment of Wages Act, 1991. 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)