Swissport Ireland Ltd t/a Swissport (Represented by Irish Business and Employers' Confederation) v Mr Shay O Hare (Represented by Alpha Employment Representation Services)

• Jurisdiction: Ireland
• Judgment Date: 15 December 2022
• Judgment citation (vLex): [2022] 12 JIEC 1501
• Docket Number: FULL RECOMMENDATION ADJ-00029902, CA-00040099-002 DETERMINATION NO. PWD2253 SECTION 7(1), PAYMENT OF WAGES ACT, 1991
• Court: Labour Court (Ireland)

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)

FULL RECOMMENDATION

PW/22/188

ADJ-00029902, CA-00040099-002

DETERMINATION NO. PWD2253

SECTION 7(1), PAYMENT OF WAGES ACT, 1991

Full Court

DIVISION:

Chairman: Mr Haugh

Employer Member: Mr Murphy

Worker Member: Mr Hall

SUBJECT:

1 1. Appeal Of Adjudication Officer Decision No(S)ADJ-00029902,CA-00040099-002

BACKGROUND:

2 2. This is an appeal by Mr Shay O'Hare (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00029902, dated 30 June 2022) under the Payment of Wages Act 1991 (‘the 1991 Act’). Notice of Appeal was received on 8 August 2022. The Court heard the appeal in Dublin on 9 December 2022.

The Factual Matrix

3 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.

4 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.

5 The Complainant referred a number of associated complaints – including the within claim under the 1991 Act – to the Workplace Relations Commission on 27 September 2020.

Discussion

6 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:

7 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.

8 The Court so determines.

Signed on behalf...