PWD2520

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00049914 (CA-00061272-003)

BACKGROUND:

This is an appeal by Parcel King Parcel King (the Appellant) against a decision of an Adjudication Officer given under the Payment of Wages Act, 1991 in relation to a complaint made by Megan Clarke. 

The Adjudication Officer held that the complaint was well founded.

An appeal of that decision was received by the Court on 24 October 2024.

This Decision is linked two related complaint which were scheduled to be heard together.

DECISION:

Background

The Appellant was notified of an initial hearing of the appeal set for 21 March 2025 in Sligo. That hearing was postponed by the Court and the matter relisted for hearing on 18 May 2025. Both parties were notified of the rescheduled hearing on 18 March 2025.

On 31 March 2025, the Labour Court received an email from the Appellant company to say that the company had ceased trading and there was no one available to attend the re-scheduled hearing. The Labour Court replied to advise that the appeal remain scheduled for hearing on 18 May 2025, unless it was formally withdrawn in advance of that date.

The Appellant subsequently requested that the scheduled physical hearing be conducted on a remote basis. The Labour Court advised the Appellant that the Court cannot facilitated hybrid or remote hearings in regional settings and as the hearing was already confirmed in Sligo for 14 May 2024, a formal application was needed to postpone the physical hearing and reschedule it to another date.

On 2 April 2025, the Appellant submitted an application to postpone the scheduled hearing on the basis that other legal proceedings related to the within appeal were ongoing. The request for a postponement of the hearing was refused by the Court, based on the grounds cited.

On the day of the hearing, the Appellant failed to attend the hearing at the scheduled start time. The commencement of the hearing was delayed for a period, to allow for the possibility that the Appellant was delayed.  The Appellant failed to make an appearance at the hearing.

Deliberation

The Court is satisfied that the Appellant was aware of the date, time and place of the hearing.

The Respondent was present at the hearing and ready to procced with the appeal.

As the Appellant did not attend the hearing to move his appeal, the within appeal fails.

Decision

For the reasons set out above, the within appeal does not succeed and the decision of the Adjudication Officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
CC	______________________
26th May 2025	Deputy Chairman

NOTE

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