Employers are not obliged to pay staff when they do not show up for work and there are already reports that some have threatened disciplinary action if they do not come in.
“Good employment practice would say that an employer would look at such an incidence sympathetically,” Labour and Employment law expert, Marguerite Bolger SC, told Independent.ie.
“If the workplace is open but the employee is not in a position to get it, as a matter of strict employment law, there is not a legal obligation to pay them,” Ms Bolger said.
“Against the backdrop of a red alert, I would question an employee practice what would dock wages where an employees health and safety is reasonably at risk from travelling to and from work,” she continued.
Business group Isme has advised employers whose workers’ contracts allow for a lay-off period to notify them that this could be invoked at short notice later this week.
But unions said most employers paid up despite a high level of absences during Ophelia, and urged workers to think of their safety first.
In situations where an employee is required to remain at home to mind children due to closed schools, again employers are not legally obliged to pay staff.
However, if the workplace itself closes, in those circumstances where employees are being prevented from working, then there is an entitlement to be paid unless there is an express provision in the contract for putting employees on short-term contract, for example on seasonal contracts.
Meanwhile the Small Firms Association (SFA) has advised businesses to put in place an employer policy on absence due to adverse weather.
This should address the situations where employees are unable to attend work, or where businesses have no work available due to circumstances beyond their control, the group said.
“Small businesses must ensure that they have plans in place for the worst-case scenario and that these are communicated to staff,” Sven Spollen-Behrens, director of the SFA, said.
Mr Spollen-Behrens went on to say that every business was different and that every business would need to make its own assessment as to how best to ensure employee safety and minimise disruption.
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