ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004717

Complaint for Resolution:

Date of Adjudication Hearing: 11/01/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

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

Background.

The Complainant was employed from 9th December 2011 until the employment terminated on 30th June 2016. The Complainant was paid €2520.00 gross per fortnight and he worked 39 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 26th August 2016 alleging the Respondent had made an unlawful deduction of €1728.70 from his wages being accrued annual leave on termination pf the employment.

Summary of Complainant’s Position.

The Complainant confirmed at the Hearing that he had been paid €1332.70 net on 14th September 2016. He is claiming the balance of €396.00 which had been deducted from his final wages. The Complainant confirmed at the Hearing that the Respondent had bought his annual tax saver travel ticket to the value of €1320.00. This was to be deducted on a monthly basis from his wages. Deductions had been made each month from his wages. The Respondent contended in emails presented by the Complainant at the hearing that the balance outstanding on this ticket was €396.00.

Findings. Section 5 (1) of the Act provides that an Employer shall not make a deduction from the wages of an Employee unless – (c) the employee has given his prior consent in writing to the deduction. The evidence presented by the Complainant at the Hearing was that the Annual Travel Tax Saver Ticket was purchased by the Respondent for the Complainant on the basis that this would be deducted in instalments from his wages. The Complainant confirmed that these deductions had been made.  The Complainant confirmed that if he had remained in the employment these deductions would have continued. The Complainant did not contradict the email from the Respondent which he presented at the Hearing that €396.00 would have been deducted.

Decision. In accordance with Section 41 (5) of the Workplace Relations Act, 2015 I declare this complaint is not well founded. The Respondent has not made an unlawful deduction from the wages of the Complainant.

DATE: 4th May 2017