ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024201
Parties:
| Complainant | Respondent |
Anonymised Parties | A Truck Driver | A Limited 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-00030920-001 | 15/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00030920-002 | 15/09/2019 |
Date of Adjudication Hearing: 02/12/2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Summary of Complainant’s Case:
The complainant states that his employer unlawfully deducted € 1,365.00 from his wages in relation to an accident he had with a third party vehicle. The total costs of the repairs to third party vehicle was € 1,365.00. The complainant states that he did reverse his lorry into the other vehicle but that it was not ‘gross negligence’. CA 30902-002 The complainant states that he is owed 4 or maybe 5 days holidays. |
Summary of Respondent’s Case:
CA 30902-01 The complainant’s contract of employment allows the respondent to deduct € 1000 (excess on the policy) from the complainant’s wages to cover the excess on insurance claims. The respondent accepts that the contract does not permit them to deduct the entire amount of the repairs to any third party vehicle should they opt not to put the claim through their insurance. CA 30902-02 The respondent concedes that the complainant is owed 4 days holidays. |
Findings and Conclusions:
CA 30902-01 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. The complainant’s contract of employment states “as a result of gross negligent driving a driver will incur an excess of 1,000 euro on each and every claim made to our insurers”. The contract of employment does not permit the respondent to deduct the entire amount of the repairs should they opt not to claim from their insurers. In this instance the respondent did not claim from their insurers. The contract of employment is silent on the issue of deductions for repairs in those circumstances. On that basis I find that the deduction of € 1,365.00 was unlawful. The complaint is well founded. I award the complainant € 1,365.00 CA 30902-02 The respondent concedes that the complainant was owed four days holidays at the time his employment ceased. On that basis, I find that the complaint is well founded and I award the complainant € 440.00 |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA 30902-02=1 The complaint is well founded and I award the complainant €1,365.00 CA 30902-02 The complaint is well founded and I award the complainant €440.00 |
Dated: 17-12-2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly