EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Domantas Petkevicius - appellant PW337/10
Against
the decision of the Rights Commissioner in the case of:
Goode Concrete - respondent
Under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal (Division of Tribunal)
Chairman: Mr. P. McGrath BL Members: Mr 3. Horan Ms N. Greene
heard this appeal at Naas on 2nd April 2012. |
Representation:
Appellant: Mr. Richard Grogan, Richard Grogan & Associates, Solicitors, 16 & 17 College Green, Dublin 2
Respondent: No appearance by or on behalf of the respondent
This appeal came before the Tribunal by way of an appeal by the appellant against the decision of the Rights Commissioner (ref. r-090977-pw-10/RG).
The decision of the Tribunal was as follows:-
Determination:
The Tribunal is satisfied that the respondent was duly notified of the hearing. Neither the respondent nor a representative on their behalf appeared at this hearing.
The Tribunal noted the arguments put forward by the representative on behalf of the appellant and in particular the case of John Lawe —v- Irish Country Meats (Pig Meats) Ltd. [1998] ELR 266, but was not persuaded by them.
The Tribunal upholds the decision of the Rights Commissioner under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal
This_________________________
(Sgd.)________________________
(Chairman)
THE HIGH COURT
2012 No 701 JR
Monday the 26th day of November 2012
BEFORE MR JUSTICE HOGAN
BETWEEN:
DOMANTAS PETKEVICIUS
APPLICANT
AND
THE EMPLOYMENT APPEALS TRIBUNAL
RESPONDENT
AND
GOODE CONCRETE LIMITED (IN RECEIVERSHIP)
NOTICE PARTY
Upon Motion of Counsel for the Applicant pursuant to notice of
Motion dated the 29th day of August 2012 made unto the Court on this day seeking the following reliefs by way of judicial review
1) An Order of Certiorari by way of Judicial Review to quash the decision of the Respondent made on the 19th day of April 2012 bearing case number PW337/l0 and sent to the Applicant's Solicitor on the 16th day of May 2012
2) An Order prohibiting the Respondent from acting unlawfully
3) An Order of Mandamus directing the Respondent to make an award that is just and reasonable to the Defendant in line with his Statutory rights most notably the Payment of Wages Act 1991
4) In the alternative an Order directing a rehearing of the Applicant's application under the Payment of Wages Act 1991
5) The costs of and incidental to the within proceedings
Whereupon and on reading said Motion the Order herein dated the 3rd day
of August 2012 giving leave to the Applicant to apply for said relief by way of judicial review the amended Statement of Grounds the Statement of Opposition the Affidavit of Richard Grogan sworn on the 29th day of August 2012 and the exhibits referred to in said Affidavit and the submissions of Counsel for the Applicant and there being no appearance by or on behalf of the Respondent or the Notice Party
And on hearing said Counsel for the Applicant
IT IS ORDERED that the decision of-the Respondent made on the 19th day of April 2012 be quashed and the matter me remitted to the Employment Appeals Tribunal for reconsideration
And the Court makes no order as to costs
Andrew Clery
Registrar
Perfected 7th November 2012