ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051623
Parties:
| Complainant | Respondent |
Parties | Liam O'Raghallaigh | Heneghan Transport Limited |
Representatives | Self-represented | Self-represented |
Complaint:
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-00063374-001 | 09/05/2024 |
Date of Adjudication Hearing: 03/12/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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:
The Complaint is that the Respondent made unlawful deductions from the Complainant’s wages.
Summary of Complainant’s Case:
The Complainant was employed as a Driver from 15th November 2023 to 4th February 2024. Some damage had been caused to the vehicle he was driving. He did not get his final wages on 4th February 2024 and when he enquired from the owner of the business, he was told it was because he caused damage to the van. He stated that he believed this was an unlawful deduction of wages without his consent. He also contends that he worked more hours than he was paid.
Summary of Respondent’s Case:
The Respondent stated that the wages were deducted as the Complainant had caused significant damage to the van. The wages were refunded to the Complainant following mediation in June 2024 and no monies are due to the Complainant. The Respondent keeps records of all hours worked.
Findings and Conclusions:
The relevant sections of the Payment of Wages Act governing deductions from wages are as follows:
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 |
(iii) before the time of the act or omission or the provision of the goods or services, the employeehas 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… In this instant case, I find that the Complainant was not notified in advance in writing of the deduction. I find the complaint to be well founded. However, as the deduction has been refunded, I make no award for compensation |
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.
For the reasons cited, I have decided the complaint is well founded. I make no award for compensation.
Dated: 12-02-2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Payment of Wages Act 1991. |