PWD2614

PW/24/29

DECISION  NO.  PWD2614

PARTIES:

DIVISION:

Chairman:	Ms O'Donnell
Employer Member:	Mr O'Brien
Worker Member:	Ms Treacy

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00039154 (CA-00050560-002)

BACKGROUND:

This is an appeal of an Adjudication Officer’s Decision made pursuant to the Payment of Wages Act, 1991. The appeal was heard by the Labour Court in accordance with Section 44 of the Workplace Relations Act, 2015 on 21 April 2026.

The following is the Court's Decision:

DECISION:

This is an appeal by Ms Quinn (the Complainant) against Adjudication Officer’s Decision ADJ-00039154 CA-00050560-002 under the Payment of Wages Act 1991, in a claim against her previous employer Tesco Ireland (the Respondent) that a deduction was made from her wages.  The Adjudication Officer held that her complaint was not well founded.

The complaint was lodged with the WRC on 10 May 2022, appealed to the Labour Court on 27 February 2024 and a hearing was held in Dublin on 21 April 2026.  The Complainant commenced work with the Respondent in October 2006 as a general assistant and was contracted to work 35 hours per week on an hourly rate of €13.49. The Complainant was dismissed on 10 December 2021 without notice and did not receive payment in lieu. This complaint is linked to UD/24/26 where the Court has held that the dismissal was fair.

Determination

The representative of the Complainant submitted that the Respondent had breached the Act when they failed to pay his client wages in lieu of notice.

 The Respondent submitted that as the Complainant had been dismissed for serious/ gross misconduct no wages were properly payable

In circumstances where the Court in a linked case has upheld the decision of the Adjudication Officer that the dismissal for serious/gross misconduct was fair. No wages were properly due to the Complainant during the relevant period therefore, no breach of the Act occurred.

The decision of the Adjudication Officer is upheld.

The appeal fails.

The Court so Determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
CC	______________________
17th June, 2026	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Ceola Cronin, Court Secretary.

[CASE NO. HERE]

DECISION  NO.  [DECISION NO. HERE]

PARTIES:

DIVISION:

Chairman:	[CHAIRMAN HERE]
Employer Member:	[EMPLOYER MEMBER HERE]
Worker Member:	[WORKER MEMBER HERE]

SUBJECT:

[SUBJECT HERE]

BACKGROUND:

[BACKGROUND HERE]

DECISION:

[BODY OF DECISION HERE]

	Signed on behalf of the Labour Court
	[NAME HERE]
[INITIALS HERE]	______________________
DAY MONTH YEAR	Chairman

NOTE

Enquiries concerning this Decision should be addressed to [SECRETARY], Court Secretary.