Complainant

Respondent

Parties

Abid  Anwar

SEI Investments - Global Fund Services Limited

Representatives

 Attended alone without representation. Self-represented

 Ciara Chisholm (HR Director)

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-00046844-001

19/10/2021

Abid Anwar, the Complainant stated the Respondent had not paid him or paid him less than the amount due to him under Payment of Wages Act, 1991.

The Complainant stated the Respondent, SEI Investments – Global Fund Services unnecessarily held his ACA Sub and did not reimburse him.  He stated he made numerous requests to sort out the matter internally but it was getting to the point where he needed to engage a legal body to get help.

The Complainant confirmed it was his third year with the organisation (2019, 2020, 2021). When he joined the organisation, he shared his difficult financial situation and made a request to the manager that he please accept his situation that he would not be able to pay his ACA subs in one go and he shared with the manager that he had discussed the situation with Chartered Accountant Ireland and they accepted his request to pay gradually and ACA house would issue receipt as the accumulated sum would be equal to the yearly subs.

Mr Abid Anwar, the Complainant stated he paid 2019 subs in 2020, and then as he had a bit of money, he paid 2020 & 2021 in 2021 and he shared with the manager and senior management of the organisation and got approval for the reimbursements. As the registration date was fast approaching, he started to chase his reimbursement so that he could pay the remaining dues to ACA to get registration, but after begging and making numerous requests to Ciara Chisholm, HR Director he stated that she was reluctant to reimburse his ACA Subs (which he got approved from the senior management).  He stated the HR Director did not share the policy document and she kept saying that she could issue two reimbursements in one year, but he made it so clear and requested that he was not claiming two subs for one year, his request was to reimburse his pending reimbursement (which he discussed with the manager when he joined the organisation).

The Complainant, Abid Anwar stated he had asked many times to provide him with the reimbursement policy document which at least could provide guidance as to why HR were not releasing his reimbursement, which was already approved by the senior management.

The Complainant stated after much begging and requesting the HR Director was being rude to him and not sharing any policy document with him.  He had already missed the deadline to register himself with ACA because the respondent did not reimburse his Subs on time.

The Complainant stated he did not want to work with the respondent anymore, because he was suffering a lot of stress due to the situation, but he wants justice, so HR would not act biased with others.

The Complainant, Abid Anwar was self-represented and gave evidence under affirmation and confirmed that he started work with this company on 7 January 2019 to 10 December 2021.  He was under financial stress due to his father’s medical costs so this was important for him. Mr Anwar confirmed he had a verbal agreement with his Manager in SEI Investments – Global Fund Services that he would pay his Chartered Accountant Ireland ACA fees in instalments and the Respondent would reimburse them. This was for 2019/2020/2021 – he paid these fees €560/€560/€580 was total over the years.  They were paid in arrears.  Mr Anwar was told by the Respondent that they would only reimburse his fees each year by Ms Chisholm (HR Director), SEI Investments – Global Fund Services.

In 2022, the Complainant Mr Anwar also spoke to finance who said they should be paid and reimbursed. Mr Anwar stated he was told it was in the handbook but he asked for this handbook but he never received it.  Ms Chisholm said they only pay one reimbursement per year so he then got his Solicitor to send SEI Investments – Global Fund Services a letter.  Mr Anwar said he felt he was pressurised and tortured about this issue so he felt he had to resign as a result. 

The Complainant got the 2019 fees returned to him on time but 2020 was an issue but he eventually received it and he only got the 2021 fees when he resigned.  He said it was a torment to get them.

Mr Anwar stated they refused to pay the fees and he was begging for the fees and 2021 receipt was to be paid in 2023 in letter by his Solicitors.

Under cross examination when asked about getting the staff handbook, Mr Anwar said he didn’t see it or receive same.

The Respondent representative Ms Ciara Chisholm (HR Manager) stated €565 was paid in April 2021 for calendar year for 2018 reference his ACCA fees.  In July 2020, €582 was paid when submitted for 2020.   The balance of fees submitted for 2021 were paid in December 2021.

The Respondent representative stated this was communicated via emails and meetings to both Mr Anwar and to his manager that these fees were being paid and there were no outstanding fees when he left his employment.

Ms Chisholm, HR Manager confirmed there was a share point with all the company policies available to him.

The Respondent representative, Ms Chisholm confirmed they always accepted they would be paid annually and the final fees were due to be paid in January 2022.  They were paid in December 2021 when he left earlier as a result.

The Respondent representative stated once the receipts were submitted by Mr Anwar they were paid in the next payroll.  Ms Chisholm stated they never said they wouldn’t be paid they advised they would be paid annually which was an agreement and company policy.

In considering my findings and conclusions I have considered the definition of Wages in Payment of Wages Act 1991

“wages”, in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including—

 (a)    any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and

(b)    any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:

Provided however that the following payments shall not be regarded as wages for the purposes of this definition:

(i)     any payment in respect of expenses incurred by the employee in carrying out his employment,

(ii)     any payment by way of a pension, allowance or gratuity in connection with the death, or the retirement or resignation from his employment, of the employee or as compensation for loss of office,

(iii)     any payment referable to the employee's redundancy,

(iv)      any payment to the employee otherwise than in his capacity as an employee,

(v)      any payment in kind or benefit in kind.

In the matter of Marek Balans v Tesco Ireland Ltd [2019 No. 83 MCA], McGrath J stated that when considering complaints under the present Act,

“Central to the Court’s analysis must be the concepts of wages properly payable and the circumstances in which if there is a deficiency in respect of those such payments”.

The Respondent, SEI Investments – Global Fund Services agree that reimbursing Mr Anwar for fees relating to his ACA fees was in place as an agreement with the Complainant.

The issue in this case is in relation to the timing of the reimbursement of these fees.

The fees were paid by the Complainant in arrears to the ACA.

The Respondent never refused to reimburse the fees at any stage.

I appreciate from the evidence the Complainant was under financial stress so reimbursement of these fees was very important to him, however, I find no breach of Terms and Conditions or the Payment of Wages legislation occurred in this case.

I find that no breach of the Payments of Wages occurred in this case and on that basis the claim fails to succeed accordingly.