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PWD233

FULL RECOMMENDATION

PW/23/4
ADJ-00034385 CA-00045504-001
DETERMINATION  NO. PWD233

SECTION 7(1), PAYMENT OF WAGES ACT, 1991


PARTIES :
GET FOOD LIMITED

- AND -

MAURICIO GUZMAN ALONSO


DIVISION :

Chairman: Mr Geraghty
Employer Member: Ms Doyle
Worker Member: Mr Bell

SUBJECT:

1. Appeal of Adjudication Officer Decision No(S) ADJ-00034385 CA-00045504-001

BACKGROUND:

2. The employer appealed the Adjudication Officer's Decision to the Labour Court in accordance with Section 7(1) of the Payment of Wages Act, 1991. The Employer appealed the decision on 19 December 2022. A Labour Court hearing took place on 16 March 2023. The following is the Determination of the Court:

DETERMINATION :

BACKGROUND

An Adjudication Officer, ‘AO’ of the Workplace Relations Commission upheld a complaint and decided that Get Food Limited, ‘the Respondent’ had breached the rights of Mr. Guzman Alonso, ‘the Complainant’, under the Payment of Wages Act, 1991 in respect of holiday pay and arrears of commission.

The AO directed that the Respondent pay the Complainant €399.96 arrears of holiday pay. The Respondent was directed to pay €1126.10 in arrears of commission and compensation of €1571 for the breach of the Act.

The Respondent appealed to this Court.

The Respondent failed to appear to present its appeal, despite being notified on a number of occasions of the time and date of the hearing. No submission was received from the Respondent.

As no argument was presented to the Court in support of the appeal, it is deemed by the Court to have failed.

DETERMINATION

The Decision of the Adjudication Officer is upheld.

Signed on behalf of the Labour Court
Tom Geraghty
NCL ______________________
22 March 2023 Deputy Chairman


NOTE

Enquiries concerning this Determination should be addressed to Nuria de Cos Lara, Court Secretary.