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Kostal worker awarded €724.13 after being directed to stay away from work without pay

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found Kostal Ireland Gmbh made an unlawful deduction from Sinead Cannon’s wages when it directed her to stay away from work without pay. The WRC awarded her €724.13 in compensation, subject to statutory reductions and reconciliation of job seekers benefit received.

The decision, dated 19 May 2023, concerned wage reductions during the company’s trading and supply-chain difficulties. Cannon said her contract did not allow unpaid lay-off or short time and that she had not agreed to the deductions. Kostal said the measures were needed to protect its business during the pandemic.

The adjudicator found there was no contractual term authorising the direction to stay away without pay, and that the practice was disputed rather than an established custom. The complaint was upheld. The award takes account of an overstatement in Cannon’s claim and is subject to statutory reductions and a reconciliation of job seekers benefit.

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