DWT2330

Appeal of Adjudication Officer Decision No's: ADJ-00029154 (CA-00038866-008)

BACKGROUND:

The Worker appealed the decision of an Adjudication Officer to the Labour Court under the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 6 December 2023. The following is the Decision of the Court:

DECISION:

This matter comes before the Court as an appeal by Gerald McGuinness (the Appellant) of a decision of an Adjudication Officer in his complaint under the Organisation of Working Time Act, 1997 against his former employer, PrePay Power (the Respondent).

Background

The Appellant in the within appeal made six appeals of decisions of an Adjudication Officer given under various statutes in complaints against his former employer, the Respondent. All six appeals were scheduled by the Court to be heard consecutively on a date notified to both parties in advance. Both parties attended the Court hearing room on the day and at the time specified.

On the occasion, the Court noted that the Appellant was a lay litigant attending alone. The Court consequently made every effort to ensure that he understood the procedure of the Court. Upon opening the first appeal, the Court invited the Appellant to commence proceedings by reading from the written submission he had made to the Court in advance of the hearing. In the case of the first scheduled appeal the Appellant withdrew that appeal at that point. An identical set of events occurred in relation to the second scheduled appeal when it was opened on the day.

The Appellant then stood and stated that he was withdrawing all of his appeals scheduled to be heard on the day and stated that he would take matters up with the High Court. He then left the hearing room.

The hearing of the within appeal

On the date of the hearing the Appellant and Respondent attended the hearing room. Prior to the opening of the within appeal, the Appellant had left the hearing room stating that he was withdrawing all of his appeals before the Court on that day and stated that he would be dealing with the matters in the High Court.

The Court decided that the Appellant’s declaration of withdrawal of all of his appeals lacked the necessary specificity to allow the Court to consider the matter of the within appeal as withdrawn.

The Court was fully satisfied that the Appellant was advised and was properly aware of the date, time and venue for the hearing of the within appeal. The Appellant was not however present upon the opening of the within appeal and, consequently, was unable to advance his appeal.

In those circumstances the Court concluded that the within appeal must fail.

Decision

The Appellant failed to move his appeal before the Court and consequently his appeal fails. The decision of the Adjudication Officer is affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
6 December 2023	Chairman