PWD253

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00047950 (CA-00059063-001).

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. 
The following is the Court's Decision:

DECISION:

Background to the Appeal

This is an appeal on behalf of Brampton Nursing Home (‘the Respondent’) from a decision of an Adjudication Officer (ADJ-00047950, dated 9 May 2025) under the Payment of Wages Act 1991 (‘the Act’). The Adjudication Officer decided that Mr George Boyden’s (‘the Complainant’) claim under the Act was well-founded and awarded him €567.50 in compensation. Notice of Appeal was received in the Court on 19 June 2024. The Court heard the appeal in Galway on 29 January 2025. There was no appearance by or on behalf of the Complainant at the hearing.

Discussion and Decision

Appeals before this Court are conducted on a de novo basis. In circumstances where a Complainant who is duly notified of the appeal hearing fails to appear at the scheduled hearing, his or her case cannot be advanced before the Court and must, therefore, fail on appeal by the Respondent.

The Court is satisfied that the Complainant in this matter was duly notified of the arrangements for the hearing of the Respondent’s appeal. As the Complainant was not present, and for the reasons stated above, the appeal succeeds and the decision of the Adjudication Officer is set aside in full.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
TH	______________________
14 AUGUST 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.