ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001748

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 04/07/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background

The claimant took annual leave for a four-week period in February 2015. On his return from leave he was informed of an over payment in his annual leave calculations and that he needed to return one week’s wages. The claimant disagreed with this and he requested a breakdown of monies paid and the total amount of overpayment. He was not issued with this information. It was submitted that respondent deducted €50 deductions from his wages and began in week 20 without his consent or agreement .The Union wrote to the respondent requesting the deductions be put on hold until the information of the “overpayment” that had been requested by the claimant was forthcoming from them. It was submitted that no response was received from the respondent despite a number of phone calls being made to them..

Findings

The respondent did not attend.

Based on the evidence as submitted at the hearing I find that the respondent has a right to recover any overpayment of wages that may have been made. I find also that the claimant has every right to question the overpayment and that he is entitled to get that information. I find that based on the evidence as presented I am disappointed that the respondent did not provide the information that was requested, this may have prevented the case coming before the service.

Recommendation

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

The respondent should cease any further deductions from the claimant's wages until such time as the position of the alleged “overpayment “ is fully clarified to the claimant. I find that if it is proven that an overpayment did take place and a sum is still outstanding that an agreement is reached within 4 weeks on the manner in which the overpayment, if any, is repaid.

Jim O’Connell

Adjudicating Officer

Dated:   19^th October 2016