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Temporary layoff due to snow

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  • 28-02-2018 6:39pm
    #1
    Why me
    Registered Users Posts: 1 ✭


    Today my employer put all staff on temporary layoff due to snow ( unforeseen circumstances)until Monday . surely this is an abuse of the temporary layoff procedure ?

    Would appreciate any input on this topic


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    #2
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    It unpaid time off or potentially annual leave; so unless you're willing to lose leave there's not much you can do.


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    #3
    ressem
    Registered Users Posts: 2,426 ✭✭✭ressem


    ISME have their view posted from the last storm...
    https://www.isme.ie/payment-employees-storm-ophelia

    Depends on your contract of employment...
    In general, where an employer cancels work (or is forced to cancel work), the employer is liable to pay employees.

    However, there is a possibility that some employers have included a "lay-off" clause within their contract that states employees can be laid off work; where, through circumstances beyond the employer's control, they are unable to provide work temporarily. In order to rely upon this clause, the employer needs to be able to show that they provided as much notice as is "reasonably practical."

    If employees were asked to turn up to work and were then sent home, it is likely that this would not be seen as reasonable notice, and the employer would be liable to pay. Alternatively, if employees were advised of the closure of the business as soon as possible after their locality entered the "red warning" zone, it is possible that employers may be able to rely upon the lay-off clause, provided it is included in the contract of employment.


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