ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054860
Parties:
| Complainant | Respondent |
Parties | Noel Cosgrove | Beechfield Manor Nursing Home Ltd Beechfield Care Group |
Representatives | Trish Kelly Independent Consultant | David Colgan BL instructed by company management. |
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-00066894-001 | 23/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00066894-002 | 23/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00066894-003 | 23/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00066894-004 | 23/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00066894-005 | 23/10/2024 |
Date of Adjudication Hearing: 08/01/2025
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The complainant is employed as a maintenance operative working a 39-hour week with the respondent Nursing Home since 28th April 2004. This complaint was received by the Workplace Relations Commission on 23rd October 2024. |
Summary of Complainant’s Case:
CA – 00066894 – 001 The complainant contends that his employer made an unlawful deduction from his wages on 08/08/2024. The amount of the deduction was €49.83. CA – 00066894 – 002 The complainant contends that his employer made an unlawful deduction from his wages on 22/08/2024. The amount of the deduction was €49.83. CA – 00066894 – 003 The complainant contends that his employer made an unlawful deduction from his wages on 05/09/2024. The amount of the deduction was €49.83. CA – 00066894 – 004 The complainant contends that his employer made an unlawful deduction from his wages on 19/09/2024. The amount of the deduction was €49.83. CA – 00066894 – 005 The complainant contends that his employer made an unlawful deduction from his wages on 17/10/2024. The amount of the deduction was €49.83. |
Summary of Respondent’s Case:
The Complainant complains there was an unlawful deduction from his wages on 8th August 2024 when 49.83-euro BIK for the company van which had been returned to the leasing company by the Nursing Home on 31st July 2024 was deducted from his wages. In fact, BIK should have been applied for one week only of 24.91 euro, not for the second week of 24.91 euro. BIK of 49.83 euro was deducted in error from the Complainants wages on 22nd August 2024, 5th September 2024, 19th September 2024, and 3rd October 2024. The Complainant did not notify HR or payroll of this error or raise a grievance in relation to the error. The first notification the Respondent received regarding the deductions was when they received this complaint from the Workplace Relations Commission in October 2024. Following notification of the complaint, the Respondent ceased any further deduction of BIK from the Complainant’s salary and repaid the Complainant the BIK deducted in error on 14th November 2024. The total BIK charged was €249.15, and €224.23 was refunded. The Complainant did not bring the BIK error to the attention of the Respondent at the earliest opportunity to allow the issue to be rectified. The Respondent has numerous staff and payroll errors can occur. If errors occur, it is the practice of the Respondent to rectify these immediately. The Complainant refused to mitigate his loss by notifying the Respondent so that it could rectify the payments. All monies deducted in error were repaid immediately. |
Findings and Conclusions:
Any deductions made in error were rectified as soon as the respondent were notified that such deductions were made. This matter has been fully rectified. I conclude that these complaints are not well found. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Any deductions made in error were rectified as soon as the respondent were notified that such deductions were made. This matter has been fully rectified. I conclude that these complaints are not well found. |
Dated: 17th June 2025
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act 1991. |