EDA2339

Appeal of Adjudication Officer Decision No's: ADJ-00014744 (CA-00018953-003)

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on 28 January 2020. A Labour Court hearing took place on 10 October 2023. The following is the Court's Determination:

DETERMINATION:

This matter comes before the Court as an appeal by Pavels Prokopcenko (the Appellant) of a decision of an Adjudication Officer given under the Employment Equality Act, 1998 (the Act) in a complaint made against Noonan Services Group Ltd (the Respondent). The Appellant communicated with the Court shortly before the hearing of the Court to advise that he would not be attending the hearing. 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 Court has been provided with no submission on behalf of the Appellant. 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
CC	______________________
16/11/23	Chairman