PWD2339

PW/23/109

DECISION  NO. PWD2339

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

ANNALYN ORDONIA

DIVISION

Chairman: Mr Foley

 Employer Member:  Mr Marie

Worker Member: Ms Tanham

SUBJECT

Appeal of Adjudication Officer Decision No's: ADJ-00014741 (CA-00018936-004)

BACKGROUND

This is an appeal of an Adjudication Officer's Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991.  The appeal was heard by the Labour Court on 16 November 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 Annalynn Ordonia (the Appellant) of a decision of an Adjudication Officer given under the Payment of Wages Act, 1991 (the Act) in a complaint made against Noonan Services Group Ltd (the Respondent).

The Appellant did not attend the hearing of the Court. She did not seek a postponement or any change to the arrangements made to hear the appeal. She did not provide the Court with a written submission in advance of the hearing or at all.

The Respondent submitted that the appeal should be dismissed on the basis that the Appellant was not present to move her appeal.

The Court concludes that, the Appellant not being present to move or advance her 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

NOTE

Enquiries concerning this Decision should be in writing and addressed to Therese Hickey, Court Secretary.