EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
– appellant 1 PW156/2013
- appellant 2 PW157/2013
– appellant 3 PW159/2013
against the recommendation of the Rights Commissioner in the case of:
Clane Inn Limited T/A Maudlin's House Hotel
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr. J. O'Neill
Mr. S. O'Donnell
heard this appeal at Dublin on 1st April 2014
Appellant(s) : Mr Martin Mannion, SIPTU, 7th Floor, Liberty Hall, Dublin 1
Respondent(s) : No appearance by or on behalf of the respondent
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of an appeal by three employees against the decision of a Rights Commissioner reference: r-124893-pw-12/DI, r-125033-pw-12/DI and r-125035-pw-12/DI under the Payment of Wages Act, 1991.
The Tribunal is satisfied that all parties were on notice of the hearing. There was no appearance by or on behalf of the respondent. The appellants’ representative informed the Tribunal that he had notified the respondent by letter dated the 27 March 2013 of the appeal of the Rights Commissioners decision. The appellants’ representative accepted that he did not copy the notice of appeal to the respondent.
Section 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 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.”
Given that Section 7 (2) (b) is a statutory provision; the Employment Appeals Tribunal has no discretion to disregard it. The appeals r-124893-pw-12/DI, r-125033-pw-12/DI and r-125035-pw-12/DIunder the Payment of Wages Act, 1991, against Rights Commissioner decision fails.
Sealed with the Seal of the
Employment Appeals Tribunal