Labour Court upholds decision against Sean Considine’s wages claim

The Labour Court upheld the decision that wages were not properly payable to Sean Considine for a period when he refused to attend work at a location assigned by Limerick City and County Council. The determination was dated 10 July 2023. Considine, an Executive Engineer, appealed the decision on his claim for pay from 9 June to 17 August 2020. He argued that the Council breached its grievance procedures and locked him out. The Council said he was required to attend work at a location assigned under his contract. The Court found no basis to conclude that the Council acted unreasonably in seeking the transfer. It said Considine could have followed the instruction under protest while his grievance was examined, but chose not to do so. The Court concluded that, because Considine did not make himself available to work as reasonably and lawfully instructed, remuneration was not properly payable under the Payment of Wages Act. The Adjudication Officer’s decision was upheld.