ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010671
Parties:
| Complainant | Respondent |
Anonymised Parties | An Underwriter | An Insurance Company |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00014168-001 | 22/09/2017 |
Date of Adjudication Hearing: 05/12/2017
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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 complainant commenced employment with the respondent on the 22nd of February 2016 as a SME Underwriter and resigned her position on the 7th of July 2017. She was paid €1,958.33 and worked 35 hours per week. The parties made written and oral submission to the hearing. |
Summary of Complainant’s Case:
The complainant submits that she did not receive her final salary payment on cessation. She was advised that outstanding exam fees would be deducted from her final salary on the 4th of July 2017 and upon querying the matter was directed to the respondent’s Education Policy in the matter which was to be found on the intranet. She was unable to access the policy although she was directed to the Training and Study policy which did contain the appropriate provisions when she pointed this out. She received no final salary payment or wage advice slip. The amount of outstanding fees payable was €1,327.50. |
Summary of Respondent’s Case:
The respondent submits that the complainant’s contract provides that the staff handbook and any company policies are in addition to the terms of the contract, that the company may make deduction of sums owed to the company or for the reimbursement of overpayment by mistake or otherwise. The terms of the Education Policy which was changed 6 months in advance of the complainant’s start date to the Training and Study Policy provides that on cessation of employment within a certain period following the completion of the training or study you will be required to repay certain percentages up to 100% depending on time frames. The policy notes that these repayments will usually be from final salary. This policy was outlined to the complainant during her assimilation training. |
Decision:
Section 41 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 contract is crystal clear in relation to the matter of reimbursement of company contribution to training and therefore I find that the complaint is not well founded. |
Dated: 27th August 2018.
Workplace Relations Commission Adjudication Officer: Michael Hayes