LCR22778

1. Appeal Of Adjudication Officer Decision No(S) ADJ-00036387 CA-00047582-001

BACKGROUND:

2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 9 December 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 7 June 2023.





DECISION:

Recommendation.

This dispute arises in the circumstances of the Worker’s return from work after a period of Covid self-isolation.

The Employer expected the Worker to return to work on two particular days, on which the Worker believed that he was not required to return. When the Worker did return some days later, he was sent home by the Employer.

The Worker believes that he should be paid for the day that he turned up for work. The Employer argues that it was necessary to make arrangements to cover the Worker’s shift as he did not attend work when they believed he should have done and that they could not, therefore, depend on his attendance on the day in dispute.

While the Court understands the Employer’s concerns, the fact is that the Worker notified the Employer that he would return on the day in question, he was not advised that he could not do so, he attended for work and was, in the view of the Court, entitled to the reasonable expectation that he would be paid for his attendance. If the Employer had concerns about his attendance and/or his non- attendance on the previous days, there was a range of measures open to them in advance of the Worker showing up for work. The fact that he showed up when he said that he would and was not told to do otherwise leads the Court to recommend that he should be paid a day’s wage for the day in question, an amount of €118.32.

The Court so recommends.

	Signed on behalf of the Labour Court
	Tom Geraghty
CO'R	______________________
27 June, 2023	Deputy Chairman