Labour Court upholds finding against Sean Fitzgerald in wage deduction appeal

The Labour Court upheld the decision that Sean Fitzgerald’s complaint against Wallace Myers International Limited under the Payment of Wages Act was not well founded. The determination was dated 8 November 2022, and Fitzgerald’s appeal failed. Fitzgerald claimed a loss of €5,835.69, saying he remained available for work and performed duties while receiving Temporary Wage Subsidy Scheme payments. The company said he had consented to the scheme as an alternative to lay-off and was not required to perform his contractual duties during that period. It also said it paid him top-ups of €1,600 in March and €300 in April. The Court found Fitzgerald had consented to the scheme as an alternative to lay-off and was not obliged to perform his contract while receiving the subsidy. The €5,835.69 was his claimed loss, not an award.