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PWD2334

FULL DECISION

PW/23/105

DECISION  NO.  PWD2334

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

MR SIXTO ANTEPASADO


DIVISION:

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


SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00014752 (CA-00018957-004)


BACKGROUND:
This is an appeal of an Adjudication Officer’s Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. This appeal was hearing by the Labour Court on 31 October 2023 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Decision:







DECISION:

This matter comes before the Court as an appeal by Sixto Antepasado (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.