ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051655
Parties:
| Complainant | Respondent |
Parties | Desmond Wade | Health Service Executive |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self-represented | Emily Mahon |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00063421-001 | 13/05/2024 |
Date of Adjudication Hearing: 17/09/2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
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 by me and to present to me any evidence relevant to the complaint.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant and two witnesses for the respondent were present at the hearing. The facts of this case were not in dispute. |
Summary of Complainant’s Case:
The complainant submitted that the respondent deducted €192.63 in respect of an overpayment of wages. The complainant submitted that he was not made aware of the deduction from his wages in advance. |
Summary of Respondent’s Case:
The respondent submitted that it deducted €192.63 in respect of an overpayment of wages from the complainant’s wages. The respondent noted that the complainant was not advised of the nature of the deduction in advance of it being made. |
Findings and Conclusions:
Section 5(5)(i)(I) of the payment of Wages Act states as follows: (5) Nothing in this section applies to— (a) a deduction made by an employer from the wages of an employee, or any payment received from an employee by an employer, where— (i) the purpose of the deduction or payment is the reimbursement of the employer in respect of— (I) any overpayment of wages, The complainant accepted that the deduction was in relation to an overpayment of wages. He noted that he would have expected some notification in advance of the deduction being made. Having regard to the foregoing Section, I find that the Act was not contravened. |
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.
Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the Act was not contravened. |
Dated: 19th of September 2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages – Overpayment recouped – no contravention of the Act |