ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00013485

Parties:

Complaint(s):

Date of Adjudication Hearing: 23/07/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

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

Background:

The claimant is employed by the respondent as a Security Guard at UCC. On January 6th, 2018, while on duty he had to answer a fire alarm call. As he got up from his chair he did not realise the lead from the laptop was entangled in the chair and as he moved the chair the laptop fell to the ground and the screen smashed rendering the machine unworkable. The respondent demanded that the claimant pay for the laptop which the valued at €500. The claimant felt that the respondent should pay for the laptop as it came about as a result of an accident. The respondent submitted that a clause in the claimant’s contract of employment allowed for the deduction of monies from the claimant’s wages to recover costs or part of for “Losses suffered by the company as a result of your negligence or breach of Company rules”. The claimant was afforded the opportunity to pay back the monies in deductions of €30 per week, but no response was received by the respondent who then proceeded to deduct the sum of €50 per week to recover their losses. The claimant had the opportunity to use the respondents internal appeal mechanisms but did not avail of the process. The claimant is seeking reimbursement for monies deducted.

Findings:

Both parties made written and verbal submissions at the hearing:

It is well established that prior to bringing a dispute for adjudication to the W.R.C that all internal mechanisms for appeal should at first be exhausted in the first instance.

I find that while the respondent has maintained that there was no malice in the breaking of the laptop and that it was an accident, it occurred as a result of negligence on behalf of the claimant.

The claimant did not claim that the deductions were excessive or caused hardship to him.

The claimant is responsible for any items furnished to him in the course of his duties and by allowing the lead of the laptop to become entangled in the chair he was negligent and therefore enacted the clause in his contract of employment that allows the respondent to recover losses incurred by such negligence.

I find that the claimant, while given the opportunity, did not engage with the respondent on the issue.

I find in the circumstances that the deductions were not excessive.

Based on the above I make my decision as follows.

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 claim is not well founded and fails.

Dated:   2.10.18

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: