PW/23/109
DECISION NO. PWD2339
SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 7(1), PAYMENT OF WAGES ACT, 1991
PARTIES:
NOONAN SERVICES GROUP LIMITED
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES)
AND
ANNALYN ORDONIA
DIVISION
Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Tanham
SUBJECT
Appeal of Adjudication Officer Decision No's: ADJ-00014741 (CA-00018936-004)
BACKGROUND
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 16 November 2023 in accordance with Section 44 of the Workplace Relations Act, 2015.
The following is the Court's Decision:-
DECISION
This matter comes before the Court as an appeal by Annalynn Ordonia (the Appellant) of a decision of an Adjudication Officer given under the Payment of Wages Act, 1991 (the Act) in a complaint made against Noonan Services Group Ltd (the Respondent).
The Appellant did not attend the hearing of the Court. She did not seek a postponement or any change to the arrangements made to hear the appeal. She did not provide the Court with a written submission in advance of the hearing or at all.
The Respondent submitted that the appeal should be dismissed on the basis that the Appellant was not present to move her appeal.
The Court concludes that, the Appellant not being present to move or advance her appeal, the within complaint of a breach of the Act has not been made out.
Decision
The Court decides that the within appeal must fail and the decision of the Adjudication Officer is affirmed.
The Court so decides.
Signed on behalf of the Labour Court
TH | KEVIN FOLEY |
23 November 2023 | _____________________ Chairman |
NOTE
Enquiries concerning this Decision should be in writing and addressed to Therese Hickey, Court Secretary.