EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Donal Coughlan - appellant PW692/2012
against the recommendation of the Rights Commissioner in the case of:
Donal Coughlan - appellant
Limerick Institute Of Technology
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms K. T. O'Mahony B.L.
Members: Mr. J. Hennessy
Mr. F. Dorgan
heard this appeal at Clonmel on 27th February 2014
Appellant: In person
Respondent: Mr. T. Mallon BL instructed by Ms S. Buckley Solicitor,
Arthur Cox, Solicitors, Earlsfort Centre, Earlsfort Terrace, Dublin 2
This case is before the Tribunal by way of an employee appealing a Decision of a Rights Commissioner under the Payment of Wages Act, 1991, ref: r-120502-pw-12/GC.
The Tribunal cannot hear the appeal 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 is satisfied that s.7 (2) (a) above has not been complied with and therefore has no alternative but to find that it does not have jurisdiction to hear the appeal under the Payment of Wages Act, 1991, against Rights Commissioner Recommendation ref: r-120502-pw-12/GC.
Sealed with the Seal of the
Employment Appeals Tribunal