LCR22919

SUBJECT:

​​Appeal of Adjudication Officer Decision No's: ADJ-00014772 (CA-00018941-002)​ 

BACKGROUND:

The worker appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 45(A) of the Industrial Relations Acts 1946 to 2015 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 Erwin Bendana (the Appellant) of a decision of an Adjudication Officer CA-00018941-002 given under the Industrial Relations Act, 1946 (the Act) in a complaint made against Noonan Services Group Ltd (the Respondent). 

The Appellant did not attend the hearing of the Court. He did not seek a postponement or any change to the arrangements made to hear the appeal. He 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 his appeal.  

The Court concludes that, the Appellant not being present to move or advance his 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
	Kevin Foley
CDK	______________________
16 February 2024	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Coleen Dunne Kennedy, Court Secretary.