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FULL RECOMMENDATION
SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES : DEPARTMENT OF BUSINESS, ENTERPRISE AND INNOVATION
(REPRESENTED BY DEPARTMENT OF BUSINESS, ENTERPRISE AND INNOVATION) - AND - MR CONAR KENNEDY DIVISION : Chairman: Mr Geraghty Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. An appeal of Adjudication Officer's Decision No. ADJ-00018845.
BACKGROUND:
2. The Employee appealed the Adjudication Officer's Decision to the Labour Court in accordance with Section 7(1) of the Payment of Wages Act, 1991 on 28 May 2019. The Court heard the appeal on the 30 July 2019 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:-
DETERMINATION :
Background
Mr. Kennedy, ‘the Complainant’ made a number of separate complaints under the Payment of Wages Act 1991, to the Workplace Relations Commission, that his employer, the Department of Business, Enterprise and Innovation, had breached his rights. The Adjudication Officer decided that the complaints were not well founded.
The Complainant appealed the decision.
The Complainant did not attend the hearing to move his appeal.
Deliberation
The jurisprudence of this and other Courts is that an appellant cannot move an appeal in their absence.
Determination
The decision of the Adjudication Officer is upheld.
Signed on behalf of the Labour Court
Tom Geraghty
CC ______________________
12th August 2019 Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Ceola Cronin, Court Secretary.