LCR23279

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00029316 (CA-00038671-006).

BACKGROUND:

The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on under Section 23 of the Industrial Relations (Amendment) Act, 2015 on 20 January 2025.

A Labour Court hearing took place on 17 June 2026.

DECISION:

This is an appeal by Ideal Technics against a decision of an Adjudication Officer (ADJ-00029316 CA-00038671-006, dated 17 December 2024) in relation to a complaint by Stephen Sawyer taken under Section 23 of the Industrial Relations (Amendment) Act, 2015.

The Adjudication Officer held that the complaint was well founded and awarded the Complainant the sum of €750 in compensation.

Ideal Technics did not attend the hearing at first instance and lodged an appeal of the Adjudication Officer’s decision to the Labour Court on 25 June 2025.

In advance of the scheduled hearing date, Stephen Sawyer’s representative notified the Court that he would not be in attendance at the hearing.

In line with the normal practice of the Court, the parties are referred to in this Decision hereafter as they were at first instance. Hence, Stephen Sawyer is referred to as” the Complainant” and Ideal Technics is referred to as “the Respondent”.

1. Position of the Complainant

The Complainant did not attend the hearing.

2. Summary Position of the Respondent

The Respondent refutes that a contravention of the Act occurred.  Mr Paul Kelly gave evidence under oath on behalf of the Respondent company.

Mr Kelly stated as follows: The Complainant’s employment was not covered by a Sectoral Employment Order. There was no issue with the Complainant’s pay or pay grade. The Complainant received all statutory breaks.

3. Relevant Law

Appeal to Labour Court from decision of adjudication officer

44. (1) (a) A party to proceedings under section 41 may appeal a decision of an adjudication officer given in those proceedings to the Labour Court and, where the party does so, the Labour Court shall—

• (i) give the parties to the appeal an opportunity to be heard by it and to present to it any evidence relevant to the appeal,
• (ii) make a decision in relation to the appeal in accordance with the relevant redress provision, and
• (iii) give the parties to the appeal a copy of that decision in writing.

4. Deliberations

The Court’s function under the Act is to hear an appeal referred to it by either party to the first instance decision on a de novo basis.

In the case of a de novo appeal, the decision taken by the Adjudication Officer at first instance that is subject to an appeal is not relevant to the considerations of the Court. The Court is required to come to its own conclusions on the evidence and materials made available to it. Accordingly, it is a matter for the parties to present again to the Labour Court whatever evidence or materials may be considered necessary for their case. It follows, therefore, that a complainant must be present at the appeal hearing to present their complaint under the Act, regardless of which party initiated the appeal to the Court.

In this case, both parties to the appeal were notified of the arrangements made to hear the appeal in Waterford on 18 June 2026 and were asked to provide submissions to the Court in advance of that date. No submission was lodged to the Court, on behalf of the Complainant, and on 8 June 2025, the Complainant’s legal representative notified the Court that the Complainant would not be attending the hearing.

The Complainant did not attend the hearing to pursue his complaint under the Act on a de novo basis. As a result, no complaint under the Act was made out. As the Respondent initiated the appeal from the Adjudication Officer’s decision and refutes that any contravention of the Act occurred, the Court can only find in favour of the Respondent.

 Accordingly, for the reasons set out above, the Court finds that the complaint is not well founded and that the decision of the Adjudication Officer should be set aside.

5. Finding

The complaint is not well founded.

The decision of the Adjudication Officer is set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
TH	______________________
24/06/2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.