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PWD2332

FULL DECISION

PW/23/106

DECISION  NO.  PWD2332

SECTION 44, WORKPLACE RELATIONS ACT 2015
SECTION 7(1), PAYMENT OF WAGES ACT, 1991


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

AND

ERLINDA IDOS


DIVISION:

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


SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00014766 (CA-00018939-004)

BACKGROUND:
This is an appeal of an Adjudication Officer’s Decision made on 10 February 2023. The appeal was heard by the Labour Court on 31 October 2023. The following is the Court's Decision:







DECISION:

This matter comes before the Court as an appeal by Erlinda Idos (the Appellant) of a decision of an Adjudication Officer given under the Payment of Wages Act, 1991 (the Act) in his complaint made against Noonan Services Group Ltd (the Respondent).

The Appellant did not attend the hearing of the Court. 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 advised 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 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
CDK ______________________
30 November 2023 Chairman


NOTE

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