Complainant

Respondent

Anonymised Parties

A Shop Assistant.

An Employer

Representatives

  Self.

Did not attend 

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-00032607-001

30/11/2019

The complainant alleges that her employer withheld wages that were due to her because of an alleged misappropriation of a handbag.

The Complainant commenced working for the Respondent on the 09.08.2019. In or around the 04.10.2019 the Respondent travelled over to Italy to purchase items for her shop. She was abroad for approximately 5 to 7 days. While she was away the complainant did two full days, two half days and one, half hour shift. In total it amounted to 22.5 hours. The Complainant is paid €10.00 per hour. When the Respondent returned home she accused the Complainant of taking a handbag that was being kept under the counter for another customer. The Complainant requested that the Respondent review the CCTV because she was innocent of the allegation. The cost of the bag was €230.00. The Respondent told the Complainant that she was not going to pay her for the time she worked while she was in Italy to make up for the cost of the bag. The Complainant is owed €225.00

There was no appearance for or on behalf of the Respondent. The Complainant was able to tell me that the Respondent’s shop is still operating albeit is temporarily closed due to the Covid 19 restrictions. Correspondence in relation to the hearing was sent to the Respondent at her address via ordinary post. The Respondent has not engaged with the WRC or the Complainant in relation to the matter. I am satisfied that the Respondent was on notice of the matter and for reasons not known to me made the decision not to engage in relation to the Complainant’s complaint.

The Complainant alleges that the Respondent unlawfully deducted the sum of €225.00 from her wages. She did so because she was of the belief that the Complainant had misappropriated a handbag whilst the Respondent was abroad. The complainant gave evidence that she was paid €10.00 per hour and that whilst the Respondent was abroad she did, two seven hour shifts, two four hour shifts and one half hour shift which amounted to 22.5 hours.

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 term,

and

(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, and

(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 Complainant’s uncontested evidence that the Respondent unlawfully deducted the sum of €225.00 from the Complainant’s wages. On that basis I find that the complaint is well founded and awarded the Complainant €225.00

The complaint is well founded. I award the complainant €225.00.