The Workplace Relations Commission ordered U-Casadh to pay Michael McGagh €16,305 in gross wages after finding that the organisation unlawfully withheld his pay from January to May 2020.
In a decision dated 10 March 2023, the WRC also ordered €1,304.29 in holiday pay and €2,307.21 for failing to provide a statement of employment terms for 2020.
McGagh said he had not been paid from January 2020 and sought wages, holiday pay and expenses. U-Casadh disputed the claims, saying his contract had ended in December 2019 and that he had not provided the required medical certification. The WRC found that his employment continued in 2020 and that the organisation’s direction that he not attend work excluded him from the workplace, resulting in an unlawful deduction from his wages.
The wages award covers 1 January to 28 May 2020 and is subject to statutory deductions. Holiday pay was calculated at 8% of hours worked over that period. The WRC said it had no jurisdiction over the €4,869 expenses claim because expenses are outside the legal definition of wages. The terms award was equivalent to three weeks’ remuneration.