S.I. No. 351/1991 - Payment of Wages (Appeals) Regulations, 1991.

S.I. No. 351 of 1991.

PAYMENT OF WAGES (APPEALS) REGULATIONS, 1991.

I, MICHAEL O'KENNEDY, T.D., Minister for Labour, in exercise of the powers conferred on me by section 7 of the Payment of Wages Act, 1991 (No. 25 of 1991), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Payment of Wages (Appeals) Regulations, 1991.

(2) These Regulations shall come into operation on the 1st day of January, 1992.

2. In these regulations—

"the Act" means the Payment of Wages Act, 1991 (No. 25 of 1991);

"appeal" means an appeal under section 7 of the Act;

"the Minister" means the Minister for Labour;

"the Tribunal" means the Employment Appeals Tribunal.

3. A notice under section 7 (2) in relation to an appeal shall contain—

( a ) the names, addresses and descriptions of the parties to the proceedings to which the appeal relates,

( b ) the date of the decision to which the appeal relates and the name of the rights commissioner who made the decision, and

( c ) a brief outline of the grounds of the appeal.

4. An appeal may be withdrawn by giving a notification in writing signifying such withdrawal to the Tribunal.

5. (1) If a party to proceedings under the Act before a rights commissioner receives a copy of a notice of appeal under section 7 (2) of the Act in relation to the proceedings, he shall, if he intends to contest the appeal or be heard by the Tribunal at the hearing of the appeal, enter an appearance to the appeal by giving a notice of appearance to the Tribunal within 14 days (or such longer period as the Tribunal may fix under paragraph (3) of this Regulation).

(2) A notice of appearance under this Regulation shall be in a form specified by the Minister and shall contain a brief outline of the grounds on which the appeal concerned will be contested by the person entering the appearance.

(3) A party to an appeal may apply to the Tribunal, by notice in writing given to the Tribunal and containing a brief outline of the grounds for the application, for an extension of the time specified in paragraph (1) of this Regulation for entering an appearance to the appeal and the Tribunal may, if it is satisfied that there are reasonable grounds for doing so, extend the time aforesaid by such period as it considers appropriate.

6. On receipt by the Tribunal of a notice of appearance under Regulation 5 of these Regulations or a notification under Regulation 4 of these Regulations, the Tribunal shall cause a copy of the notice or notification, as the case may be, to be given to the other party concerned.

7. An error (including an omission) of a formal nature in a determination of the Tribunal may be corrected—

( a ) in any case, by the chairman of the Tribunal, and

( b ) in a case in which the determination concerned was made at a time when a vice-chairman was acting as chairman of the Tribunal, by the vice-chairman,

by a certificate signed by him.

8. (1) The Tribunal shall maintain a register, to be known as the Register of Payment of Wages Determinations (referred to subsequently in this Regulation as "the Register") and shall cause to be entered in the Register a complete record of every determination of the Tribunal under section 7 of the Act.

(2) The Register may be inspected free of charge by any person during normal office hours.

(3) Particulars of any correction made under regulation 7 of these Regulations shall be entered in the Register.

(4) A copy of an entry in the Register shall be sent to the parties concerned.

9. (1) A notice under these Regulations or paragraph (a) of section 7 (2) of the Act may be given by sending it by registered post addressed to the Secretary, Employment Appeals Tribunal, Davitt House, 65A Adelaide Road, Dublin 2, and a notice under these Regulations or a document under paragraph (b) of the said section 7 (2) may be given to any other person by sending it by registered post addressed to the person—

( a ) in case his address is specified correctly in a notice referred to in Regulation 5 of these Regulations, at that address, and

( b ) in any other case—

(i) if the person is a company (within the meaning of the Companies Act, 1963 ), at its registered office,

(ii) if the person is not a company (within the meaning aforesaid) at the place where the person resides or carries on a profession, business or occupation.

(2) Any such notice or notification aforesaid that is given to a person authorised to receive it by the person to whom it is required by the Act or by these Regulations to be given shall be deemed to have been given to the latter person.

10. Regulations 10 to 17 (2), 19, 20, 20A (inserted by the Redundancy (Employment Appeals Tribunal) Regulations, 1979 ( S.I. No. 114 of 1979 )), 23, 23A (inserted by the Redundancy (Employment Appeals Tribunal) Regulations, 1979) and 24 of the Redundancy (Redundancy Appeals Tribunal) Regulations, 1968 ( S.I. No. 24 of 1968 ), shall, with any necessary modifications (and, in the case of the said Regulations 20 and 20A, with the modification that a sum awarded by the Tribunal under either of those Regulations shall, in lieu of being paid out of the Fund referred to therein, be paid by the Minister for Labour with the consent of the Minister for Finance) apply in relation to appeals and proceedings in relation to such appeals as they apply in relation to appeals provided for by section 39 of the Redundancy Payments Act, 1967 (No. 21 of 1967), and proceedings in relation to such appeals.

GIVEN under my Official Seal, this 20th day of December, 1991.

MICHAEL O'KENNEDY,

Minister for Labour.

EXPLANATORY NOTE.

These regulations prescribe the procedure to be followed in relation to the submission and hearing of appeals before the Employment Appeals Tribunal under the Payment of Wages Act, 1991 .