EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Tracy Mackie PW324/2013
and
Venesta Washroom Systems Limited
against the recommendation of the Rights Commissioner in the case of:
Tadhg Kenny
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Hayes BL
Member: Mr. A. O’Mara
Ms. M. Mulcahy
heard this appeal in Dublin on 10 April 2015
Representation:
_______________
Appellant(s):
Mr John McKinlay,
6 Finlay Avenue East,
Calder,
Scotland,
EH53 ORP
Respondent(s):
Mr. Paul Gahan,
3 Gilford Court,
Sandymount,
Dublin 4
The decision of the Tribunal was as follows:-
This case came to the Tribunal as an employer appeal against Rights Commissioner Decision r-129443-pw-12 under the Payment of Wages Act, 1991.
Determination:
At the Tribunal hearing the Tribunal afforded the appellants the opportunity to show that they were in full compliance with the requirements of Section 7 (2) (b) of the Act. The appellants were ultimately unable to do so. Consequently there was no evidence before the Tribunal that Section 7(2)(b) had been fully complied with in that notice had not been given to the respondent as required. As the appeal has not been brought in accordance with the requirements of the legislation, the Tribunal unfortunately does not have jurisdiction to hear the appeal. The appeal against Rights Commissioner Decision r-129443-pw-12 under the Payment of Wages Act, 1991, (by which the respondent employee was awarded the sum of €2,360.00) fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)