EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Christopher Murtagh – appellant PW266/2014
against the recommendation of the Rights Commissioner in the case of:
Susan McKenna – respondent
PAYMENT OF WAGES ACT, 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr T. Ryan
Members: Mr T. O’Grady
Mr J. Flannery
heard this appeal at Dublin on 2nd November 2015
Appellant: Aidan Murtagh, Newtown, Kildare Town, Co. Kildare
Respondent: In person
The decision of the Tribunal was as follows:
This case came before the Tribunal by way of an employer appeal of a Rights Commissioner recommendation under the Payment of Wages Act, 1991 reference r-139551-pw-13/EH.
The Tribunal heard evidence from both parties.
Section 7(2)(b) of the Payment of Wages Act, 1991, [No.25/1991] provides as follows:
7.—(1) A party concerned may appeal to the Tribunal from a decision of a rights commissioner under section 6 and, if he does so, the Tribunal shall give the parties an opportunity to be heard by it and to present to it any evidence relevant to the appeal, shall make a determination in writing in relation to the appeal affirming, varying or setting aside the decision and shall communicate the determination to the parties.
(2) 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 Tribunal finds that the appellant did not furnish a notice in writing to the respondent within 6 weeks of the date of the decision by the Rights Commissioner being communicated to them as required by section 7(2)(b) of the Payment of Wages, Act, 1991. Compliance with section 7(2)(b) of the Payment of Wages, Act, 1991 is a mandatory statutory requirement for the making of a valid appeal to the Tribunal and as a result of this non-compliance with the sub-section, the Tribunal finds that it has no jurisdiction to deal with the appeal from the recommendation of the Rights Commissioner.
Accordingly, the appeal under the Payment of Wages Act, 1991 fails and the recommendation of the Rights Commissioner is upheld.
Sealed with the Seal of the
Employment Appeals Tribunal