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LCR22868

FULL DECISION

CD/20/67

DECISION  NO.  LCR22868

INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 45 (A) INDUSTRIAL RELATIONS ACT, 1946


PARTIES:
NOONAN SERVICES GROUP LIMITED
(REPRESENTED BY MANAGEMENT SUPPORT SERVICES)

AND

A WORKER


DIVISION:

Chairman: Mr Foley
Employer Member: Ms Doyle
Worker Member: Ms Treacy


SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00014766 (CA-00018939-002)

BACKGROUND:
The worker appealed the decision of the Adjudication Officer to the Labour Court on 10 February 2020.  A Labour Court  hearing took place on 31 October 2023. The following is the Court's decision:







DECISION:

This matter comes before the Court as an appeal by A Worker (the Appellant) of a decision of an Adjudication Officer given under the Industrial Relations Act, 1969 (the Act) in his dispute with Noonan Services Group Ltd (the Respondent).

The Appellant did not attend the hearing of the Court. 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 is satisfied that the Appellant was properly notified of the date, time and venue for the hearing of the Court.

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 appeal 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
CDK ______________________
30 November 2023 Chairman


NOTE

Enquiries concerning this Decision should be addressed to Coleen Dunne-Kennedy, Court Secretary.