ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001444
Parties:
| Worker | Employer |
Anonymised Parties | An employee | An employer |
Representatives | Dave Curran SIPTU |
|
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001444 | 09/06/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 01/03/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
The worker took a complaint regarding a payment of wages issue alongside a employment rights complaint under the Payment of Wages Act |
Summary of Workers Case:
The dispute concerns the Payment of Wages Act where the workers consent was not given to a deduction from wages. |
Summary of Employer’s Case:
The dispute concerns the Payment of Wages Act where the workers consent was not given to a deduction from wages. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The dispute concerns the Payment of Wages Act where the workers consent was not given to a deduction from wages. The deduction was lawful but there was an absence of consent. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Having considered the matters before me, I recommend that an employer obtain a worker’s written consent before commencing a deduction from wages.
Dated: 04/12/2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR dispute – deduction from wages – recommendation that employer should obtain consent in writing |