EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Servisair Ireland Limited PW788/2012
against the recommendation of the Rights Commissioner in the case of:
Pejazyr Cakolli -respondent
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. Wallace
Members: Mr. W. O'Carroll
Ms H. Henry
heard this appeal at Ennis on 16th July 2014
Appellant: In Person
Respondent: Mr Conor Glendon, Conor Glendon, Conor Glendon & Co Solicitors,
Ard Na Greine, Clonroadmore, Ennis, Co Clare
This case came before the Tribunal by way of an employer appeal of the Rights Commissioner Decision ref: r-120494-pw-12 under the Payment of Wages Act, 1991.
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 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 company were unable to provide any evidence to the Tribunal (both during and post the hearing) that the company complied with section.7 (2) (b) as above. The Tribunal therefore has no alternative but to find that it does not have jurisdiction to hear the appeal of the Rights Commissioner Decision ref: r-120494-pw-12 under the Payment of Wages Act, 1991.
Sealed with the Seal of the
Employment Appeals Tribunal