LCR22380

1. Appeal of Adjudication Officer Recommendation No. ADJ-00013954.

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 30 June 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
On 21 May 2020 the Adjudication Officer issued the following Recommendation: -

“I do not uphold the worker’s specific dispute with regards to incremental credit.

I do recommend that the employer should pay compensation to the worker of €200 for their failure to engage with the worker in a timely and appropriate manner and due to the unique circumstances of this worker’s dispute”

A Labour Court hearing took place on 17 February 2021.

DECISION :

This dispute came before the Court by way of an appeal by a worker against the recommendation of an Adjudication Officer ADJ-00013954, CA-00018359 under the Industrial Relations Act, 1969.

The Claimant did not attend for the virtual hearing before the Court Mr Gilvarry, Gilvarry & Associates Solicitors represented the Claimant at the hearing before the Adjudication Officer and had processed his appeal. Mr Gilvarry informed the Court that he had no instructions from his client to proceed with the appeal.

The Court is satisfied that the date and time of the hearing was notified to Mr Gilvarry on behalf of this client, however, the Claimant failed to turn up for the hearing and failed to make any contract with the Court by 12th March 2021. The Respondent was present by virtual means in Court on the day.

In these circumstances where the Claimant has failed to appear before the Court to present his case and has failed to communicate with the Court, it finds that it has no case before it and accordingly deems the referral to have been withdrawn.

The Court so Decides.

	Signed on behalf of the Labour Court
	Caroline Jenkinson
NJ	______________________
12 March 2021	Deputy Chairman