EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Ann Blackwell Associates Limited - appellant PW313/2012
against the decision of the Rights Commissioner in the case of
Joe Rourke – respondent
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms O. Madden BL
Members: Mr L. Tobin
Ms M. Maher
Heard this appeal at Dublin on 7th May 2013
Appellant: In person
Respondent: In person
This case came before the Tribunal by way of an appeal by the former employer against the decision of the Rights Commissioner reference number r-111581-pw-11/JC.
The decision of the Tribunal is as follows:
The appellant told the Tribunal that she did not dispute the decision of the Rights Commissioner. She was appealing the decision because her business has ceased trading and therefore she cannot pay the award.
The Tribunal considered the evidence adduced by the appellant and while it has sympathy for her position, inability to pay does not constitute sufficient grounds to set aside the decision of the Rights Commissioner.
The appeal of the decision of the Rights Commissioner fails and the award of €7472.79 under the Payment of Wages Act, 1991 is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal