EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
Eoin Slattery PW378/2013
Michael Edmonds PW379/2013
Sinead Cummins PW380/2013
Olive O’Sullivan PW381/2013
Nadine Ruff PW382/2013
Orlaith Glavin PW383/2013
Julie Simpson PW384/2013
Ann Hennessy PW385/2013
David Kenneally PW386/2013
Niamh Daly PW387/2013
against the recommendation of the Rights Commissioner in the case of:
Irish Guide Dogs For The Blind
under
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. S. McNally
Members: Mr. D. Hegarty
Mr. J. Flavin
Heard this case in Cork on 7 February 2014
Representation:
_______________
Appellant(s):
Mr. Eddie Mullins, S.I.P.T.U.
Connolly Hall, Lapps Quay, Cork.
Respondent(s):
Mr. Damien Cahill, I.B.E.C.
Knockrea House, Douglas Road, Cork.
The decision of the Tribunal was as follows: -
This case came to the Tribunal as an employee appeal under the Payment of Wages Act,
1991, against Rights Commissioner Decisions r-092568-pw-10/pob and r-092776-pw-
The respondent’s representative alleged that the appellants were in breach of Section
7(2)(b) of the Payment of Wages Act, 1991 in that no copy of an appeal notice had been
served by the appellants on the respondent directly within the timeframe required by the legislation.
The appellants’ representative contended that sufficient notice had been served but did
not have documentation at the hearing to show this. The Tribunal gave him four weeks
to furnish such proof but no actual proof that the required notice was served directly on
the respondent was received by the Tribunal except for a letter outlining the practise of
serving the respondents representatives which is not sufficient to satisfy the requirement
under the Section 7(2)(b) of the Payment of Wages Act, 1991.
Determination:
The Tribunal finds that the employee appeal under the Payments of Wages Act, 1991,
against Rights Commissioner Decisions r-092568-pw-10/pob and r-092776-pw-10/pob
fails because it was not established that there had been compliance with Section 7(2)(b)
of the Payment of Wages Act, 1991, in that no copy of an appeal notice had been served
on the respondent directly within the timeframe required by the legislation.
Sealed with the Seal of the
Employment Appeals Tribunal
This_______________________
.Signed:______________________
CHAIRMAN