LCR22507

FULL RECOMMENDATION

SECTION 45(A) INDUSTRIAL RELATIONS ACT,1946

PARTIES :

BIDVEST NOONAN (ROI) LTD
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES)

- AND -

ARISTOTLE CHAN

DIVISION :

SUBJECT:

1.Appeal Of Adjudication Officer Decision No.ADJ-00014765 CA-00018938-002

BACKGROUND:

2.The Employee appealed the Decision of the Adjudication Officer made under s. 45A of the Industrial Relations Act 1946. A Labour Court hearing took place on 18 November 2021. The following is the decision of the Court:


DECISION:

Background.

This is an appeal by Mr. Chan, ‘the Complainant’ of an Adjudication Officer’s,(AO) Decision under s. 45A of the Industrial Relations Act 1946 , ‘the Act’.

Mr. Chan, ‘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 Act.

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.

NOTE

Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.