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Labour Court declines to hear Mr Di Marzio’s HSE appeal

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court found it had no jurisdiction to hear Mr Marco Di Marzio’s appeal against the HSE under the Payment of Wages Act. The appeal concerned compensation for loss of earnings linked to an earlier Industrial Relations Act recommendation. In a determination dated 26 January 2022, the Court said the Adjudication Officer’s decision dealt with calculating compensation under a public-sector formula, not wages properly payable under the 1991 Act. It also said compensation recommended in an Industrial Relations Act case could not form the basis of a Payment of Wages Act complaint; the merits were not decided.

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