EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Employee PW718/2012
- Appellant
against the recommendation of the Rights Commissioner in the case of:
Employer
- 1st Named Respondent
Employer
- 2nd Named Respondent
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. N. O’Carroll Kelly BL
Members: Mr. W. Power
Mr. J. Dorney
heard this appeal at Dublin on 17th December 2013
Representation:
Appellant(s) : In Person
Respondent(s) : O’Mahonys Solicitors, 6, Clonkeen Road, Deansgrange, Blackrock, Co. Dublin
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal by an employee against a decision of the Rights Commissioner under the Payment of Wages Act, 1991 PW122993/12/MR.
Background:
The respondent’s representative raised the issue that her client, the respondent, had not received notification from the appellant regarding an appeal against the Rights Commissioners decision within the six-week time limit under Section 7 (2) (b) of the Payment of Wages, 1991.
The appellant could not recall if he had notified the respondent of his appeal of the Rights Commissioners decision within the time limit required under the Act. He could also not provide any documentation to prove he had complied with the relevant section of the Act.
Determination:
Section 7 (2) (a) & (b) states as follows:
“(2) 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.”
Accordingly as Section 7 (2) (b) was not adhered to the Tribunal had no jurisdiction to hear this appeal against the Rights Commissioners Decision ref: PW122993/12/MR.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)