EMPLOYMENT APPEALS TRIBUNAL
Asgard Interiors Limited - appellant
against the recommendation of the Rights Commissioner in the case of:
Michael Sheehan - respondent
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. Mac Carthy S C
Members: Ms A. Gaule
Mr P. Trehy
heard this appeal at Dublin on 26th August 2015
Appellant(s) : no appearance by or on behalf of the appellant
Respondent(s) : Ms. Theresa Ham, Kingsford, Solicitors, 105 Kingsford Cross, Strand Road, Portmarnock, Co Dublin
This case came before the Tribunal by way of the employer appealing the recommendation of the Rights Commissioner under the Payment of Wages Act 1991 reference R-145905-PW-14/DI.
The Tribunal is satisfied that all parties were on notice of the hearing. As there was no appearance by or on behalf of the appellant the appeal by the employer fails and the recommendation of the Right Commissioner is upheld.
The respondent (employee) made an application for costs in this case. Rule 19 (2) of S.I. No. 24/1968 – Redundancy Appeals Tribunal) Regulations, 1968 which governs the powers and procedures of the Tribunal from its inception provides
“Where in the opinion of the Tribunal a party to the proceedings (and, if he is a respondent, whether or not he has entered an appearance) has acted frivolously or vexatiously, the Tribunal may make an order that that party shall pay to another party a specified amount in respect of travelling expenses and any other costs or expenses reasonably incurred by that other party in connection with the hearing”.
The Tribunal noted that the employer failed to attend the Rights Commissioner hearing and in addition failed to attend the appeal hearing. The Tribunal is of the view that the appellant acted frivolously or vexatiously and makes an order that he pay to the respondent the sum of €50.00 under rule 19 (2).
Sealed with the Seal of the
Employment Appeals Tribunal