LCR23134

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00047741 (CA-00062465).

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 21 May 2024
in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 10 April 2024 the Adjudication Officer issued the following Recommendation:

“On the basis the Employee was out of work from 6 March to 20 April 2023, it is recommended that the Employer pays the Employee compensation in the sum of €2,437.50 for this period.”

I recommend that said revised procedure be completed within 3 months of the date of this recommendation.’’

A Labour Court hearing took place on 1 May 2025.

DECISION:

This is an appeal by a worker of an Adjudication Officer’s Recommendation made under the Industrial Relation Act 1969 in relation to a complaint made by him against his former employer, Gavin Ryan and Siobhan Waldon t/a The Black Pig Winebar.

On the day of the hearing, the Worker failed to attend the hearing at the scheduled start time. The Employer was present at the hearing with a representative to progress the appeal.

The Court’s role when hearing appeals under section 13(9) of the Industrial Relations Act is to hear the parties and make a recommendation as to how the matter in dispute might be resolved.

The Court was satisfied that the Worker was on notice of the hearing date and time. His representative confirmed the Worker’s attendance at the hearing by email on Monday 28 April 2025. Neither the Worker or his representative made contact with the Court prior to, or on the morning of, the hearing to advise of any difficulties they may have encountered in attending the hearing. The hearing was delayed for a short period to allow the Worker time to attend the hearing. The Worker or his representative did not respond to efforts by the Court Secretary to contact them on the morning of the hearing. 

As the Worker did not attend the hearing, the Court heard no submission from him in relation to his complaint. As the Worker failed to attend the hearing, no appeal of the Adjudication Officer recommendation took place and it therefore stands.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
AR	______________________
28 May 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Mr Aidan Ralph, Court Secretary.