EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
PW289/2015
APPEAL OF:
Midland Milk Traders Limited
-Appellant
against the recommendation of the Rights Commissioner in the case of:
George Burke
-Respondent
-v-
Midland Milk Traders Limited
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. J. Lucey
Members: Mr. J. Hennessy
Ms S. Kelly
heard this claim at Thurles on 13th June 2016
Representation:
Appellant: Mr. Paudie O'Mahony, Babington Clarke & Mooney, Solicitors, 48 South Mall, Cork
Respondent: Ms Lauren Tennyson BL instructed by Mr. Eugene T. Tormey, O'Connor, Tormey & Co., Solicitors, Slievenamon Road, Thurles, Co. Tipperary
Determination:
This case is before the Tribunal by way of an employer appealing a Decision of a Rights Commissioner under the Payment of Wages Act, 1991.
Section 7. (2) of the Act states:
“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 Tribunal having heard that the employer did not fulfil the above criterion must decline jurisdiction in this particular case.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)