Worker

Employer

Anonymised Parties

Worker

Employer

Representatives

  Self

IBEC

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 - 00000986

06/01/2023

The Employer proposes to change the Worker’s method of payment from cheque to Electronic Funds Transfer (EFT).  The Employer wrote to the Worker on 15 January 2024 to offer a €400 once-off goodwill gesture, subject to him agreeing to moving to EFT.  The Worker rejected the offer.

The Worker submits that he has been paid by cheque for almost 18 years.  He further submits that payment by cheque is a legal form of payment.

The Worker submits that if he were to be paid by EFT, as proposed by his Employer, he would incur bank charges and fees which he does not currently incur. 

The Worker further submits that his Employer is acting in breach of his employment contract.

The Worker submits that a number of his colleagues have resolved a similar complaint under the auspices of the Labour Court but that he was not party to that case.

The Employer wishes to change the Worker’s method of payment from cheque to EFT as the Worker is the only employee being paid by cheque and the processing of payment by cheque is administratively burdensome for the Employer. Having all employees paid by EFT would streamline the payroll administrative function and would be a more secure and efficient method of payment. Joint cheque signatories are not always available on site (due to flexible working arrangements) which occasionally results in blank cheques being signed in advance of wage calculations being complete.

In 2022, there was a similar dispute involving five of the Employer’s Workers who were paid in cash and the Employer proposed changing the payment method to EFT. The matter was referred to the Labour Court for recommendation. The Court recommended a €400 once-off payment to each of the Workers in return for their agreement. The Recommendation was accepted by the Workers and the move to EFT was implemented.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

In making my recommendation, I am guided by the Labour Court Recommendation concerning five of the Worker’s colleagues who also objected to moving from cheque payment to EFT.  In that case, the Labour Court considered the matter and recommended that “a ‘once-off’ gesture payment of €400 be paid by the Employer to each of the 5 Workers concerned in return for their agreement to move to a system of wage payment by inter-bank credit transfer”.

I recommend, in line with the Labour Court’s Recommendation cited above, that the Worker accepts the Employer’s offer of a once-off payment of €400 in return for his agreement to move from cheque payment to Electronic Funds Transfer.

Method of payment