Complainant

Respondent

Anonymised Parties

An Employee

A Limited Company

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-00019812-001

17/06/2018

The complainant commenced his employment with the respondent on 12 June 2016. In October of that year he was due to receive a pay rise from €28,000 per annum to €35,000 per annum. He did not receive his pay rise in November or December. However, in December his payslip indicated that is net pay was €3,588.00 indicating he was receiving his increased salary. The money lodged to his bank account was only €2,588.00. In January, 2018 he received a payslip for €2,916.67 gross,€2,390.96 net. No money was lodged to his bank account. In February he received a payslip for €2,916.67 gross €2390.67 net. The sum of €1,817.21 was lodged into his bank account. In March, 2018 he received a payslip for €2,916.67 gross, net €2,390.96. The sum of €1,500.00 was lodged his bank account. In April 2018, he received a payslip €2,916 .67 gross and €2,390.96 net. He received only €1,000.00 into his bank account. A few weeks later and additional €1,500.00 was lodged his bank account. In May, 2018 he again received a payslip €2,916 .67 gross, net €2,390.96 and no money was lodged into his bank account.

The complainant lodged his claim with the WRC on the 17.06.2018

No Appearance for or on behalf of the Respondent.

Payment of Wages Act, 1991

Section 5.—(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless—

(a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute,

(b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or

(c) in the case of a deduction, the employee has given his prior consent in writing to it.

(2) An employer shall not make a deduction from the wages of an employee in respect of—

(a) any act or omission of the employee, or

(b) any goods or services supplied to or provided for the employee by the employer the supply or provision of which is necessary to the employment,

unless—

(i) the deduction is required or authorised to be made by virtue of a term (whether express or implied and, if express, whether oral or in writing) of the contract of employment made between the employer and the employee, and

(ii) the deduction is of an amount that is fair and reasonable having regard to all the circumstances (including the amount of the wages of the employee), and

(iii) before the time of the act or omission or the provision of the goods or services, the employee has been furnished with—

(I) in case the term referred to in subparagraph (i) is in writing, a copy thereof,

(II) in any other case, notice in writing of the existence and effect of the t

(iv) in case the deduction is in respect of an act or omission of the employee, the employee has been furnished, at least one week before the making of the deduction, with particulars in writing of the act or omission and the amount of the deduction, and

(v) in case the deduction is in respect of compensation for loss or damage sustained by the employer as a result of an act or omission of the employee, the deduction is of an amount not exceeding the amount of the loss or the cost of the damage, and

(vi) in case the deduction is in respect of goods or services supplied or provided as aforesaid, the deduction is of an amount not exceeding the cost to the employer of the goods or services, an

(vii) the deduction or, if the total amount payable to the employer by the employee in respect of the act or omission or the goods or services is to be so paid by means of more than one deduction from the wages of the employee, the first such deduction is made not later than 6 months after the act or omission becomes known to the employer or, as the case may be, after the provision of the goods or services.

I am satisfied based on the uncontested evidence of the complainant, that the deductions made from the complainant’s salary from December 2017 to May, 2018 were in breach of Section 5 and therefore the claim succeeds. I calculate the amount due and owing to the complainant to be € 8,037.92.