ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | Financial Controllor | Engineering Company |
Representatives |
| Mr. Richard Clinch Seamus Maguire Solrs. |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00028059-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered during the course of the hearing.
In particular, the Complainant herein has referred the following complaint:
A complaint of a contravention of Section 5 of the Payment of Wages Act, 1991, that is, a Complaint of an unlawful deduction having been made from the Employee’s wage. Pursuant to Section 6 of the said 1991 Act, and in circumstances where the Adjudicator finds that the complaint of a contravention of Section 5 aforesaid is deemed to be well founded, then the Adjudicator can direct that the employer pay to the employee an amount which is subject to the limits set out in Section 6 of the 1991 Payment of Wages Act 1991.
Section 5 of the Payment of Wages Act, 1991 sets out the instances wherein deductions can and cannot be made.
Section 5 (1) states that an employer shall not make a deduction from an employee unless:
The deduction is required by Statute or Instrument
The Deduction is required by the Contract of employment
The employee has given his prior consent in writing
Section 5 (2) The employer shall not make a deduction in respect of any Act or omission of the employee
It is noted in a preliminary way that per Section 4 an Employer shall give or cause to be given to an employee a statement in writing which will specify the gross amount of wages payable to the employee and the nature and the amount of any and all deductions taken therefrom.
In a preliminary way, I am satisfied a Contract of Employment existed between the parties such that a wage defined by the 1991 Act was payable to the Employee by the Employer in connection with the employment. I further find that the Complainant’s Workplace Relations Complaint Form dated the 24th of April 2019 was submitted within the time allowed.
Summary of Complainant’s Case:
The Complainant worked with the Respondent company for about 8 months. His last payslip was received by him in and around March of 2019 but the nett figure contained therein was never lodged into his Bank Account. The Complainant has pursued this sum as an unlawful deduction under the payment of Wages Act of 1991. |
Summary of Respondent’s Case:
The Respondent’s representative conceded that the sum was outstanding and indicated that a system whereby the Complainant had self- regulated some aspects of his hours of employment had given rise to a delay. |
Findings and Conclusions:
I accept that there has been a contravention of Section 5 aforesaid and therefore I find the complaint to be well founded and direct that the employer pay to the employee the amount of €1,194.00. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00028059-001 - I direct that the employer pay to the employee the amount of €1,194.00. |
Dated: 29th July 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
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