PW/24/33 | DECISION NO. PWD259 |
SECTION 44, WORKPLACE RELATIONS ACT 2015
PAYMENT OF WAGES ACT 1991
PARTIES:
(REPRESENTED BY MR. JUSTIN CONDON B.L. INSTRUCTED BY VINCENT TOHER & CO SOLICITORS)
AND
NICOLE REEKIE
DIVISION:
Chairman: | Ms O'Donnell |
Employer Member: | Mr Marie |
Worker Member: | Ms Hannick |
SUBJECT:
Appeal of Adjudication Officer Decision No's: ADJ-00041270 (CA-00052191-001).
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. 2015. A Labour Court hearing took place on 26 March 2025.
The following is the Court's Decision:
DECISION:
Background to the Appeal
This is an appeal by Ms Nicole Reekie (the Complainant) from decision ADJ-00041270 CA-00052371-001 of an Adjudication Officer, under the Payment of wages Act 1991 in respect of her complaint against her previous employer Llani Limited (the Respondent). The Court heard the appeal in Cork on 26 March 2025, along with two other appeals ADE/24/29 and ADE/24/28
The Adjudication Officer held that the Complainant had not made out a prima facia case of discrimination on the basis of civil status and that her complaint was not well founded.
The complaint was lodged with the WRC on 10 August 2022. The reckonable period for the purpose of the Act is 11 February 2022 to 12 August 2022. The Complainant was employed with the Respondent from 15 June 2022 to 1 August 2022.
Summary of Complainants submission
The Complainant was not represented and was sworn in at the commencement of the hearing. The Complainant stated in response to a question from the Court that she did receive payment after she left. She stated that she was not provided with her clock in data so does not know if the payment is correct. No further details were provided. The Complainant’s submission was 933 individual pages mainly comprised of emails she had sent to the WRC. The Court was not able to extract from that any further details in support of her complaint. In the course of the hearing the Complainant went to walk out. The Court took a short adjournment, after which the Complainant came back into the hearing.
Summary of Respondents submission
Mr Condon BL on behalf of the Respondent submitted that all payment due to the Complainant had been made on 12 August 2022 and that the Complainant had accepted that fact under oath at first instance.
Determination
The Court read back to the Complainant in respect of each of her complaints what they understood her complaint to be. Having considered the submissions both written and oral of the parties, the Court determined that the Complainant has not identified a breach of the Act. The appeal fails. The Decision of the Adjudication Officer is upheld
The Court so determines.
![]() | Signed on behalf of the Labour Court |
![]() | |
![]() | Louise O'Donnell |
TH | ______________________ |
28th April 2025 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.