PW65/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

PW65/2014

APPEAL(S) OF:                                                                                

Eduard Ponomarenko       

  -appellant

against the recommendation of the Rights Commissioner in the case of:

KCT Freight Logistics          

  -respondent

under

PAYMENT OF WAGES ACT 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Mr. N. Russell

Members:     Mr. J. Horan

                     Ms. S. Kelly

heard this appeal at Carlow on 13th October 2016

Representation:

Appellant:       Ms Valeriya Redmond, 11 Castlecomer Road Lower, Kilkenny

Respondent:    No appearance or representation on behalf of the respondent

Background:

This appeal came before the Tribunal by way of an employee appealing against the Decision of a Rights Commissioner under the Payment of Wages Act 1991 (reference: r-132315-pw-13/JT).

A translator was provided by the Tribunal for the hearing. Both the appellant and his representative attended the hearing. The appellant’s representative confirmed that the claim to the Rights Commissioner was lodged outside the time period specified by the Act but stated that there were reasons for the late claim. It was confirmed to the Tribunal that the appellant did not lodge the claim to the Rights Commissioner until the 3^rd April 2013.

Determination:

Notwithstanding the reasons for a late claim a Rights Commissioner can only extend the time period for a claim under the Payment of Wages Acts by a further six months.

Section 6(4) of the Payment of Wages Act states:

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.

As the claim was received by the Rights Commissioner outside the twelve month period following the alleged contravention the Tribunal must uphold the Rights Commissioner’s Decision that he did not have jurisdiction to hear the claim under the Payment of Wages Act, 1991 (reference: r-132315-pw-13/JT).

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)