FULL RECOMMENDATION
SECTION 7(1), PAYMENT OF WAGES ACT, 1991 PARTIES: SWISSPORT IRELAND LIMITED T/A SWISSPORT (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - MR SHAY O HARE (REPRESENTED BY ALPHA EMPLOYMENT REPRESENTATION SERVICES) DIVISION:
SUBJECT: 1.Appeal Of Adjudication Officer Decision No(S)ADJ-00029902,CA-00040099-002 The Complainant has been employed by Swissport Ireland Limited T/A Swissport (‘the Respondent’) as a full-time Ramp Agent since 3 September 1998. He was employed initially on a temporary basis but his position was made permanent in September 1999. The Complainant was issued with a written contract of employment that makes express provision for unpaid lay-off. The Complainant is also within scope of a Collective Agreement between SIPTU and the Respondent that, likewise, makes provision for unpaid lay-off of employees in certain circumstances. The Complainant was placed on temporary lay-off on 22 March 2020 following the outbreak of the Covid-19 pandemic. He was requested to return to work from 23 August 2021 but did not do so until 17 October 2022. Discussion The Complainant was placed on temporary lay-off in March 2020 due to a significant reduction in the Respondent’s business occasioned by the outbreak of the Covid-19 pandemic. He was laid off in accordance with the lay-off provisions contained in his individual contract of employment and a relevant Collective Agreement, both of which stipulate that periods of lay-off will be unpaid. It follows, therefore, that no wages were payable to the Complainant during the period of lay-off. DETERMINATION: The Court finds, accordingly, the claim under the 1991 Act is not well-founded and the Complainant’s appeal fails. The decision of the Adjudication Officer is upheld. The Court so determines.
NOTE Enquiries concerning this Determination should be addressed to Nuria de Cos Lara, Court Secretary. |
