PW/24/20
DECISION NO. PWD2416
SECTION 44, WORKPLACE RELATIONS ACT 2015
PAYMENT OF WAGES ACT 1991
PARTIES:
NOONAN SERVICES GROUP LIMITED
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES)
AND
MS MA.GIRLIE MACAPAQ
DIVISION
Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms Tanham
SUBJECT
Appeal of Adjudication Officer Decision No's: ADJ-00014779 (CA-00018947-004)
BACKGROUND
The worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Payment wages act 1991 on 11th February 2020. A Labour Court hearing was held on 7th February 2024. The following is the Decision of the Court:
DECISION
This matter comes before the Court as an appeal by Ms Ma.Girlie Macapaq (the Appellant) of a decision of an Adjudication Officer CA-00018947-004 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
| CDK | Kevin Foley | |
| 16th February, 2024 | Chairman |
NOTE
Enquiries concerning this Decision should be in writing and addressed to Coleen Dunne Kennedy, Court Secretary.