EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: | CASE NO.
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P.J. McLoughlin & Sons Limited– Appellant | PW161/2008 TE120/2008
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against the decisions of the Rights Commissioner in the case of
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Ion Porfireanu – Respondent
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under |
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PAYMENT OF WAGES ACT, 1991
TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran BL
Members: Mr M. Noone
Mr S. O’Donnell
heard this appeal in Dublin on 30th March 2017
Representation
Appellant: Ms Pauline Smith BL instructed by
Mr. Mark Connellan, Connellan Solicitors,
3 Church Street, Longford
Respondent:
Mr. Pat McCabe, SIPTU, Unity Hall, Church Street,
Tullamore, Co. Offaly
The determination of the Tribunal was as follows: -
This case came before the Tribunal as a result of appeals by an employer (the appellant) against two decisions of the Rights Commissioner under the Payment of Wages Act, 1991 reference number r-060875-pw-08/SR and the Terms of Employment Information Acts, 1994 to 2001 reference number r-060866-te-08/SR.
Determination
In relation to the appeal under the Payment of Wages Act the respondent’s representative submitted that as the respondent was not sent notice of the appeal as provided for under section 7 2 (b) then accordingly the Tribunal has no jurisdiction to hear the appeal. The appellant’s representative could not provide evidence that the notice was in fact sent. The Tribunal finds that it has no jurisdiction to hear this appeal and as a result the decision of the Rights Commissioner awarding the respondent the sum of €13,346.64 stands.
The representative for the appellant was unable to support the appeal under the Terms of Employment (Information) Acts 1994 to 2001 with evidence that the respondent had been given a contract of employment. The Tribunal varies the decision of the Rights Commissioner and awards the respondent the sum of €1,000.00, having regard to the submissions of the representative for the appellant.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)