The Labour Court has increased the award to manufacturing operative Mark Reeves to €448.60 after finding that Lake Region Medical Limited unlawfully deducted wages while using the Temporary Wage Subsidy Scheme (TWSS). The Court’s determination was dated 10 June 2022.
Reeves worked his full contractual hours on a four-days-on, four-days-off rota. His normal net weekly pay was €638.81, but the company used a reference-period average of €614.99 after two days of unpaid sick leave in January and February 2020. Over 10 weeks, the accepted shortfall was €448.60.
Reeves argued he was entitled to his normal pay for the hours he worked. The company said the TWSS rules and legislation limited his pay to the average. The Court found the 2020 Act and Revenue guidance did not authorise a deduction from his contractual wages. It upheld his complaint and directed the company to pay €448.60 compensation, varying the adjudication officer’s earlier €439.63 award. The Court also noted that the company’s business had been adversely affected by Covid-19 to the extent required for the scheme, including a reduction of at least 25% in turnover or customer orders.