FULL RECOMMENDATION
PARTIES : BIDVEST NOONAN (ROI) LTD DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Decision No.ADJ-00014765 CA-00018938-003 BACKGROUND: 2.The Worker appealed the Decision of the Adjudication Officer to the Labour Courtin accordance with Section (83) (1) of the Employment Equality Acts, 1998 to 2015. A Labour Court hearing took place on 18 November 2021. The following is the Court's Determination:- DETERMINATION: Background. This is an appeal by Mr. Chan, ‘the Complainant’ of an Adjudication Officer’s,(AO) Decision under the Employment Equality Acts 1998-2015, ‘the Acts’. The Complainant began working for another company as an acting supervisory cleaner in 2003. In 2010 his employment transferred in a transfer of undertakings to Bidvest Noonan, ‘the Respondent’. Employment Regulation Order, ‘ERO’, increases in 2015 and 2016 were not applied to his pay. The Respondent justified this on the grounds that the Complainant was in receipt of a pay rate in excess of the ERO rates at the time. The Complainant lodged a complaint under the Acts. The Complaint was not upheld by the AO. The Complainant appealed this Decision. Deliberation and Determination. The Complainant failed to appear at the Court despite numerous communications sent to him. As he has not presented his appeal, the Court determines that his appeal fails. The decision of the Adjudication Officer is affirmed.
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