ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037072
Parties:
| Complainant | Respondent |
Parties | Marian Butucea | Speed Safety Limited |
Representatives |
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Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048404-001 | 31/01/2022 |
Date of Adjudication Hearing: 05/10/2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
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. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. The complainant relied on the affirmation to accompany his testimony. An interpreter was present at the hearing.
Summary of Complainant’s Case:
The complainant stated that he works as a delivery driver for the respondent. The complainant stated that he was paid monthly by the respondent. He states that on his payslip dated 19 October 2021, his pay is €2422.43, however the wages lodged to his bank account were only €905.42. He states that the respondent has unlawfully deducted his pay and he is due the balance of €1517. The complainant provided the WRC with each of his payslips and bank statements. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the time and date of the hearing. |
Findings and Conclusions:
Section 5 of the Payment of Wages Act states: 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 provided the WRC with copies of his payslips and bank statements to substantiate his claim in respect of unlawful deductions made to his wages by his employer. Having carefully considered the evidence adduced in the within claim, I am satisfied the complainant’s claim that the respondent made unlawful deductions from his wages is well-founded in the circumstances. |
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.
The within claim is well-founded. I order the respondent to pay the complainant €1517 in respect of the unlawful deductions made from his wages. |
Dated: 11th October 2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Deductions in pay without agreement |