PWD2429

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00043069 (CA-00052789-004)

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 12 March 2024 in accordance with Section 44 of the Workplace Relations Act, 2015.  The following is the Court's Decision:-

DECISION:

This is an appeal by O’ Shea & Murphy Building & Carpentry Contractors (Respondent) against an Adjudication Officer’s Decision ADJ- 00043069 CA-00052789-004 given under the Payment of Wages Act 1991 (the Act).  The Adjudication Officer treated this as a duplicate claim for minimum notice and as an award had been made under the Minimum Notice and Terms of Employment Acts 1973-2015 did not uphold the complaint

 The Respondent submitted that they thought an award for annual leave had been made under the Act but accepted that no award was made under the Payment of Wages Act.

The Complainant did not dispute this was a duplicate complaint and that no award had been made by the Adjudication Officer.

Decision

The Court concludes that the complaint under this Act was a duplicate complaint.

The decision of the Adjudication Officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AR	______________________
09 April 2024	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Aidan Ralph, Court Secretary.