EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
against the recommendation of the Rights Commissioner in the case of:
PAYMENT OF WAGES ACT, 1991
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms N. O'Carroll-Kelly BL
Members: Mr. C. Lucey
Mr. P. Trehy
heard this appeal at Dublin on 10th October 2013
Respondent: Ms Catherine Ardagh, Ardagh, Solicitors, 168 Walkinstown
Road, Dublin 12
These cases are before the Tribunal by way of an employer appealing the Decision of a Rights Commissioner under the Payment of Wages Act 1991, ref: r-120561-pw-12/JW, PW339/2012 and a Recommendation of a Rights Commissioner under the Terms of Employment (Information) Act 1994, refr-120565-te-12/JW, TE163/2012.
It must be noted that there is a contra appeal by the employee of the Decision of a Rights Commissioner under the Payment of Wages Act 1991, ref: r-120561-pw-12/JW, PW342/2012, of which a separate Determination is given.
Preliminary point Determination:
The Tribunal cannot hear the appeal of the employer under the Payment of Wages Act 1991, ref: r-120561-pw-12/JW, PW339/2012 as it has no option but to decline jurisdiction. S. 7(2) of the Payment of Wages Act, 1991, provides:
“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 has no jurisdiction to hear the employer appeal of the Decision under the Payment of Wages Act 1991, ref: r-120561-pw-12/JW, PW339/2012 as it has no option but to decline jurisdiction.
The Tribunal determines that the Recommendation under theTerms of Employment (Information) Act 1994, ref-120565-te-12/JW, TE163/2012 be varied and awards employee the sum of €1,000.00.
Sealed with the Seal of the
Employment Appeals Tribunal