Complainant Held to Still be Employed by GAA Club Despite Not Having Been Paid in Over Four Years

The recent determinations of the Labour Court in Parnells GAA Club, Parnells GAA Club LTd v Leigh Fogarty (Decision No’s RPD2420 & RPD2419) are noteworthy for any employer faced with a possible layoff situation. However, it should be noted that the employer chose not to attend the hearing of the Labour Court and so the Labour Court’s determination discussed below would have been on the basis of the evidence of the employee only.

Facts:

The determination sets out the background of this case as follows.

The employer’s premises closed on 12^th March 2020 due to the Covid-19 Pandemic. In terms of communications around the closure the employee confirmed to the Labour Court that he was never at any time given any notice of temporary lay-off in accordance with Section 11 of the Redundancy Payments Acts 1967-2014 (the “Acts”). However, neither was he ever at any time given any notice of dismissal. Nonetheless, his employer ceased to pay him or offer him work.

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