IAD261

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00051772 (CA-00063501-001)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 14^th March 2025. A Labour Court hearing took place on 16^th February 2026. 

The following is the Court's Decision:

DECISION:
     1 Background to the Appeal

This is an appeal by Ms Helen Guerin (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00051772/CA-00063501-001, dated 11 February 2025) under the Protection of Employees (Employers’ Insolvency) Act 1984 (‘the Act’). Notice of Appeal was received in the Court on 14 March 2025. The Court heard the appeal in Limerick on 16 February 2026. There was no appearance at the within hearing by or on behalf of the Receiver Manor Stone Quarries Limited (‘the Company’).

1. Factual Background

The Complainant was employed by the Company on a part-time basis in the accounts department between 13 March 2023 and 21 August 2023. She worked two days per week at a rate of €28.85 gross per hour. The Company ceased trading on 21 August 2023. The Complainant submits that she is owed a total of €2,620.83 in unpaid wages, holiday and public holiday pay and statutory notice pay.

2. The Law

Section 6 of the Act provides for payment from the Social Insurance Fund of certain amounts owing to an employee on the insolvency of their employer following an application on their behalf by the relevant employer representative (e.g. a liquidator or receiver, as the case may be).

Section 9 of the Act provides for a mechanism where a person on whose behalf an application has been brought under section 6 has been unsuccessful or resulted in a payment less than that sought can refer a complaint to the Workplace Relations Commission.

3. Decision

A condition precedent for referral of a complaint to the Workplace Relations Commission is that an application for payment from the Social Insurance Fund must first have made by the appropriate employer representative.

The Complainant told the Court that she had been in touch with the Department of Social Protection and was informed that no application had been made on her behalf for payment from the Social Insurance Fund under the scheme for the monies she believes she is entitled to. It follows that the condition precedent that would give the Complaint standing to refer a complaint to the Workplace Relations Commission under the Act has not been met.

It follows, therefore, that her appeal to this Court must necessarily fail.

The Court, therefore, upholds the decision of the Adjudication Officer.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
AL	______________________
23 February 2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Amy Leonard, Court Secretary.