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Court tells firm to pay €32,300 to former CEO

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A Dublin-based company has been ordered by the Labour Court to pay a former CEO €32,300 in unpaid wages.

Declan Ryan started work with Crosswood Developments on an agreed salary of €150,000 a year on December 11, 2018.

However, 11 weeks later, on February 27, 2019, Mr Ryan was told Crosswood Developments "was terminating the relationship" with him.

Mr Ryan was not paid by the safety services company, based at the Red Cow industrial estate, during the 11 weeks that he worked for the company.

In his ruling, deputy Labour Court chairman Tom Geraghty said the claim by the company that Mr Ryan ought to have had no expectation of payment for the period while he was 'fact-finding' "amounts to a claim of the provision of voluntary labour, for which claim no substantive evidence was provided".

Mr Geraghty said that as the company was not a client or customer under a contract for services, Mr Ryan must necessarily have carried out this work in the role of employee, for which Mr Ryan is entitled to be paid.

The ruling by the Labour Court upholds an earlier ruling by the Workplace Relations Commission (WRC) which was appealed by the company.

Mr Ryan did not sign a contract with Crosswood and told the Labour Court that he had put a counter-proposal to carry out the functions concerned through a consultancy arrangement.

Crosswood claimed that Mr Ryan was not an employee as he refused to conclude a contract of employment.

Irish Independent