Eirechrom Ltd v Sinead Abercrombie

 
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Labour Court (Ireland)

FULL RECOMMENDATION

PW/17/49

DETERMINATION NO.PWD186

ADJ-00008449 CA-00011505-002

PARTIES:
Eirechrom Limited
and
Sinead Abercrombie
SUBJECT:
1

1. Appeal Of Adjudication Officer Decision No: ADJ-00008449 CA-00011505002

BACKGROUND:
2

2. This is an appeal of an Adjudication Officer's Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 31 January 2018 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:

DETERMINATION:
3

This is an appeal by Eirechrom Limited against the Decision of an Adjudication Officer ADJ-00008449 in a claim taken by Ms Sinead Abercrombie under the payment of Wages Act 1991 (“the Act”).

4

The Adjudication Officer upheld the claim and awarded her the sum of €1,961.18 in compensation for the breaches of the Act found to have occurred.

5

In this Determination the parties are referred to as they were at first instance. Hence Eirechrom Limited is referred to as “the Respondent” and Ms Sinead Abercrombie is referred to as “the Complainant”.

6

The Respondent did not appear before the Adjudication Officer at the hearing of the case on 25 th July 2017.

7

The Respondent failed to attend the hearing of the appeal on 31 st January 2018. The Respondent was informed of the time and date on which the hearing would be held. Despite numerous attempts by the Court to contact the Respondent, no one appeared before the Court on its behalf and there was no communication from the Respondent to the Court. The Complainant was present in Court on the day.

Determination
8

In these circumstances where neither the Respondent nor any representative on its behalf appeared before the Court to move its appeal, the Court finds that the appeal fails for want of prosecution and the Adjudication Officer's Decision stands.

9

The Court so Determines.

Signed on behalf of the Labour Court

Caroline Jenkinson

9 February 2018______________________

JD Deputy Chairman

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