Vlasa v Dunnes Stores [EAT]

• Jurisdiction: Ireland
• Judgment Date: 10 April 2013
• Judgment citation (vLex): [2013] 4 JIEC 1010
• Date: 10 April 2013
• Docket Number: TE257/2011,PW404/2011
• Court: Employment Appeal Tribunal (Ireland)

EMPLOYMENT APPEALS TRIBUNAL

CASE NO. PW404/2011

TE257/2011

Appeal(s) of:

Rodica Vlasa, 33 Townview, Mallow, Co Cork

(appellant)

and

the recommendation of the Rights Commissioner in the case of:

Dunnes Stores, 46-50 South Great George's Street, Dublin 2

(respondent)

Representation:

Appellant(s): Mr Rory Casey, Richard Moylan & Co, Solicitors, Shortcastle, Mallow, Co Cork

Respondent(s): Mr Michael Kennedy, Byrne Wallace, Solicitors, 88 Harcourt Street, Dublin 2

This case came before the Tribunal by way of an employee's appeal of the Rights Commissioner Decision ' r-100876-pw-10/DI ' under the Payment of Wages Act, 1991 and the Rights Commissioner Recommendation ' r-100866-te-10/DI ' under the Terms of Employment (Information) Act, 1994 and 2001.

under

PAYMENT OF WAGES ACT, 1991

TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001

I certify that the Tribunal

(Division of Tribunal)

Chairman: Ms. K. T. O'Mahony B.L.

Members: Mr D. Hegarty

Mr D. McEvoy

heard this appeal at Cork on 10th April 2013

1 A preliminary issue was raised before the Tribunal in respect of the appeal under the Payment of Wages Act, 1991.

2 The decision of the Tribunal on the preliminary issue was as follows:

Preliminary Issue

3 The respondent contended that since the appellant failed to furnish it with a copy notice of the appeal as required by section 7(2) of the Payment of Wages Act, 1991, the Tribunal did not have jurisdiction to hear the appeal. The appellant contended that since the respondent had not raised this point in its T2B form (Notice of Appearance) it was now estopped from raising it. The rights commissioner's decision was received by the appellant's solicitor on 1 September 2011. The appellant lodged an appeal with the Tribunal on 23 September 2011. The respondent first became aware of the appeal when it received a copy notice of appeal sent by the Tribunal on 20 October 2011 to the respondent and received by it a day or two later. The respondent argued that having received the copy notice of appeal later than six weeks after the rights commissioner's decision was communicated to the parties, was outside the time allowed under the statute for serving the copy notice of appeal on the respondent and in such circumstances the Tribunal did not have jurisdiction under the Payment of Wages Act 1991 to hear the appeal.

Determination on Preliminary Issue

4 Section 7(2) of the Payment of Wages Act, 1991 , provides:

5 "An...