EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Daniel Raczynski PW336/2014, TE160/2014
against the recommendation of the Rights Commissioner in the case of:
Manufacturing Assembly Aid Systems Ltd
under
PAYMENT OF WAGES ACT 1991
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
;
Chairman: Ms. K.T. O'Mahony B.L.
Members: Mr D. Hegarty
Mr O. Wills
heard this appeal at Cork on 1st March 2016
Representation:
Appellant : In person
Respondent : No representation listed
This case came before the Tribunal by way of an appeal by a former employee against recommendations by a Rights’ Commissioner references r-145954-te and 145956-pw-14JOC
The decision of the Tribunal was as follows:
Section 6 (4) of the Payment of Wages Act 1991 provides:
(4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him within the period of 6 months beginning on the date of the contravention to which the complaint relates or (in a case where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period not exceeding 6 months as the rights commissioner considers reasonable.
Section 7 (3) of the Employment Information Act 1994 provides:
(3) A rights commissioner shall not entertain a complaint under this section if it is presented to the commissioner after the period of 6 months beginning on the date of termination of the employment concerned.
The appellant’s employment with the respondent ended on 3 May 2013. As the claims under both of the above Acts were lodged with the Rights Commissioners Service on 22 October 2014, which is more than six months after any alleged breaches occurred, the Rights Commissioner had no jurisdiction to hear either of the claims. Even if the six month period for lodging the claim under the Payment of Wages Act 1991 were extended under the exceptional circumstances provision, that claim would still be out of time. Accordingly, the Tribunal upholds the decisions of the Rights Commissioner, under both the Payment of Wages Act1991 and the Terms of Employment (Information) Act, 1994 to 2012, that the claims were out of time.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)