Noonan appeal succeeds in pay-increase transfer dispute

The Labour Court set aside an adjudicator’s decision after Noonan Services Group Limited succeeded in its appeal concerning Mr Justo Macapaz’s complaint about employment terms following a business transfer. The decision is dated 16 February 2024. The complaint concerned whether an entitlement to pay increases linked to Employment Regulation Orders transferred with the business. Noonan argued that a single increase in 2007 did not create an ongoing contractual right. Macapaz did not attend the hearing, and the Court said he had not made out his complaint. Noonan’s appeal succeeded and the adjudicator’s decision was set aside.