Ruane v Lyons

• Jurisdiction: Ireland
• Court: Employment Appeal Tribunal (Ireland)
• Judgment Date: 30 April 2015
• Judgment citation (vLex): [2015] 4 JIEC 3002
• Docket Number: PW377/2012
• Date: 30 April 2015

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. PW377/2012

APPEAL OF:

Bridie Lyons t/a C Lyons Tractor Sales

and

the recommendation of the Rights Commissioner in the case of:

Gabriel Ruane

under

PAYMENT OF WAGES ACT 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms C. Egan B L

Members: Mr W. O'Carroll

Ms H. Henry

heard this appeal at Galway on 30th April 2015

1 This case came before the Tribunal by way of an appeal against a Rights�' Commissioner's recommendation reference r-119780-pw-11

2 An application by the appellant to postpone this hearing was refused at the outset of this hearing

3 The decision of the Tribunal was as follows:

4 Having heard brief submissions and evidence the Tribunal finds it was unable accept jurisdiction to hear this appeal. Paragraph 7 of the Payment of Wages Act, 1991 reads

5 partly as follows:

7 (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.

6 The respondent and his representative gave sworn evidence that they were not notified of the appeal in accordance with the provisions of the above section. The Tribunal was not satisfied that the appellant complied with the mandatory provisions of the aforementioned section as no...