PWD267

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00048119 (CA-00059201-004).

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 10 April 2026.

The following is the Court's Decision:

DECISION:

Background to the Appeal

This is an appeal on behalf of Swim Max Limited (‘the Respondent’) from a decision of an Adjudication Officer (ADJ-00048119/CA-0005920-004, dated 13 May 2025) under the Payment of Wages Act 1991 (‘the Act’). The Adjudication Officer awarded Ms Claire Selda (‘the Complainant’) €1,626.90 in compensation for the Respondent’s breach of the Act. The Respondent’s Notice of Appeal was received in the Court on 20 June 2025.

The Court is satisfied that both Parties were duly notified of the arrangements made by the Court to hear the within appeal in Limerick on 10 April 2026. The Complainant informed the Court in writing prior to the hearing date that she would not attend the hearing of the appeal. The Respondent was present at the scheduled hearing.

Discussion and Decision

The Court’s function under the Act is to hear an appeal referred to it by either party to the first instance decision on a de novo basis. It follows, therefore, that a complainant must be present at the appeal hearing to move their claim under the Act afresh, regardless of which party initiated the appeal to the Court. In circumstances where a complainant does not do so, and the respondent has initiated an appeal from the first instance decision under the Act, the Court has no option but to set aside the decision of the Adjudication Officer.

The Court, therefore, for the above reasons, sets aside the award made by the Adjudication Officer to the Complainant in this case.

The Court so decides.

	Signed on behalf of the Labour Court
	Alan Haugh
TH	______________________
18/05/2026	Deputy Chairman

NOTE

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