ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044749
Parties:
| Complainant | Respondent |
Parties | Aimee Dowd | Harrington Bookmakers |
Representatives | Catherine Comerford |
|
Complaint:
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-00055577-001 | 16/03/2023 |
Date of Adjudication Hearing: 02/08/2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaint. The hearing was held in the Workplace Relations Commission (WRC) Hearing Rooms in Carlow and was attended by the complainant and her representative. There was no appearance by the respondent. I delayed the commencement of the hearing for 15 minutes in case the respondent was running late. The respondent did not attend the hearing.
Background:
The complainant was employed by the respondent from 2nd November 2022 to 17th December 2022. On her last pay slip, there was a deduction of €175.20 which was not explained. On the same pay slip, it recorded that there was a refund of PRSI of €150.09 and USC of €21.70 |
Summary of Complainant’s Case:
The complainant provided a copy of her pay slip which recorded a deduction of €175.20 which was not explained. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. I am satisfied that the respondent was notified of the hearing date. |
Findings and Conclusions:
The Relevant Law Section 5(1) of the Payment of Wages Act 1991 sets out the parameters according to which deductions may be made from an employee’s wages: “(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.” It is clear from this section that, apart from statutory deductions of tax, PRSI and USC, or those permitted by contract, before any other deduction is made from an employee’s wages, they must provide their written consent. Having enquired into the complaint and based on the evidence submitted, there was no authorisation in the contract or prior consent in writing from the complainant. I decide that there has been a breach of Section 5 of the Payment of Wages Act as there was no explanation provided for the deduction of €175.20. I find that the complaint is well founded and that a payment of compensation of €175.20 be made by the respondent to the complainant. |
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.
I find that the complaint is well founded and that a payment of compensation of €175.20 be made by the respondent to the complainant. |
Dated: 10 August 2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Payment of Wages, Deduction |