Complainant

Respondent

Parties

Brian  Conroy

TTM Healthcare Solutions

Complainant

Respondent

Anonymised Parties

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Representatives

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-00065370-001

13/08/2024

The complainant states that he ceased employment with the respondent on 21 October 2023 as he had taken up employment with the HSE as a Clerical Officer.

The complainant asserts that on 25 September 2024, he was notified by his manager of the respondent organisation that some back pay was owed to him by the respondent in the amount of €1,366.91; however he states that when he received his payslip from the respondent on 25 October 2023, all that he received was €694.61. The complainant states that he immediately contacted the respondent requesting them to clarify the discrepancy. The complainant states that from 26 October 2023 to 23 May 2024, numerous emails were sent to the respondent requesting a response to the matter but to no avail. 

The respondent states that the complainant has taken a claim under the Payment of Wages Act in respect of the sum of €672.30 which he feels is owed to him by the respondent.

The respondent asserts that the complainant was paid €694.61 gross as back pay on 26 October 2023. The respondent states that somehow the complainant has seen the invoice from the respondent to the client for the amount of €1,366.91 exclusive of VAT. The difference between these two figures is €672.30. The respondent submits that this amount represents an agency charge fee and is not actually owed to the complainant.

The respondent states that the complainant has received all back pay owing to him and that its staff  have explained to the complainant that he has received his full back pay entitlement of €694.61    

Section 5 of the Payment of Wages Act 1991 sets out the following;

(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 have carefully reviewed the evidence adduced in the within matter. On the basis of the evidence heard I find that there is no breach by the respondent in respect of the Payment of Wages Act.

While the complainant was of the view that €672.30 was owing to him in respect of back pay, the respondent gave evidence to state that this amount was an agency charge fee and not payable to the complainant.

In the circumstances, I find that the within complaint is not well-founded. 

I find that the within complaint is not well-founded.

Payment of Wages Act