Complainant

Respondent

Parties

Margaret  Boylan

Randridge International Ltd

Complainant

Respondent

Parties

Margaret Boylan

Randridge International Ltd

Representatives

  self

Roberta Urbon Peninsula Business Services Ireland

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-00064566-001

01/07/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00064566-002

15/07/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00064566-003

15/07/2024

The Complainant was employed as an office manager with the Respondent. Arising from trading difficulties she was made redundant. The claim for redundancy was withdrawn.

It is agreed between the parties that the following wages are owing to the Complainant:

·       Week 26 ending 28th of June 2024, wages €1070.82 gross

and

·       Week 27 week ending 5th of July 2024, 7.5 hours wages €198.30 gross

·       32 hours sick pay €846.06 gross

·       6 weeks’ notice 6345.60 gross

·       Holiday pay €1256.56. gross.

·       Total €8646.41 gross

The Respondent submits that the Complainant is owed wages for week 26 ending 28/06/2024 amounting to €1,070.82. The Respondent submits that the Complainant is owed wages for week 27 ending 05/07/2024 amounting to €8,646.41 and arising from cash flow challenges has not been in position to pay these amounts owing to her.

It is submitted that her redundancy claim of €18,108.00 has been forwarded to the Redundancy fund as such the claim can be withdrawn.

The redundancy claim has been withdrawn.

The Complaint is owed wages for week 26 ending 28/06/2024 amounting to €1,070.82 Gross. The Respondent submits that the Complainant is owed wages for week 27 ending 05/07/2024 amounting to €8,646.41 Gross and arising from cash flow challenges has not been in position to pay these amounts owing to her.

Section 5 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.

(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

Section 6 of the Act states:

6. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015, in relation to a complaint of a contravention of [section 4C or  as respects a deduction made by an employer from the wages or tips or gratuities] of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding—

(a) the net amount of the wages, or tip or gratuity as the case may be] (after the making of any lawful deduction therefrom) that—

(i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or

(ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment,

Section 5(6) of the Act states:

6) Where—

(a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or

(b) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee,

then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion.

CA-00064566-001, CA-00064566-02 and CA-00064566-03 should be treated as one claim under the Payment of Wages Act, amounting to a total payment due of €8646.41 gross + €1070.82 gross being an amount agreed between the parties as due and unlawfully deducted.

The Complaint is well founded. I direct that the Employer pay the Complainant €9717.23 less any statutory deductions.

Unlawful deduction