PWD2030

1.Appeal Of Adjudication Officer Decision No. ADJ-00015931 CA-00020704-001

BACKGROUND:

2.This is an appeal of an Adjudication Officer’s Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 07 October 2020 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:-



DETERMINATION:

This is an appeal by Mr Graham McCormack (the Appellant) against the Decision of an Adjudication Officer ADJ-00015931 CA-00020704-001 dated 23rd May 2019 under the Payment of Wages Act 1991 (the Act) in a claim that he was not properly paid a bonus payment in 2018 by his former employer, Tesco Ireland Limited.

The Adjudication Officer held that the payment claimed was not remuneration and therefore was not "properly payable", accordingly she found against his claim under the Act. The appeal was lodged with the Court on 27th May 2019.

The Appellant’s trade union representative, Mandate, was informed of the time and date on which the hearing would be held. The Appellant failed to attend the hearing or to otherwise communicate with the Court. Mr Keith Pollard, Mandate was present at the hearing on the day and informed the Court that he had met with his member the day before to discuss the case. Mr Pollard made a number of attempts to contact the Appellant on the day of the hearing, however, all attempts failed. The Court provided time for the Appellant to get in touch, however, he did not appear and made no contract with the Court.

The Respondent was present in Court on the day.

In the circumstances where the Appellant failed to appear before the Court to move his appeal, the appeal must fail and the Adjudication Officer’s Decision stands.

The Court so Determines.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
OC	______________________
30 October 2020	Deputy Chairman