ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-0001188
| Complainant | Respondent |
Anonymised Parties | Veterinary Nurse | Veterinary Practice |
Representatives | Self-Represented | Not present or 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-00015754-001 | 13th November 2018. |
Date of Adjudication Hearing: 17th April 2018
Workplace Relations Commission Adjudication Officer: Seán Reilly
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015, Section 8 of the Payment of Wages Act 1991 andfollowing 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 Complainant was employed by the Respondent from 7th January 2013 to 3rd November 2017 and her weekly rate of pay was €460.00c
The Complainant was submitting that the Respondent had made an illegal deduction from her wages in breach of the provisions of Section 5 of the Payment of Wages Act 1991.
Summary of Complainant’s Case:
The Complainant said that she was employed by the Respondent from 7th January 2013 to 3rd November 2017.
The Complainant said that on 3rd November €188.92c was deducted from her wages by the Respondent. She said that she received a letter from the Respondent on the same date stating that the money had been deducted for unpaid bills for two named persons (neither of which are the Complainant). She said that she had never been informed previously that money would deducted from her wages for unpaid bills for any friends of her before she terminated her employment with the Respondent. The Complainant said that the Respondent authorised the credit given to the two persons and that the Respondent never communicated to them that they had to clear all monies owed before the Complainant left the employment. The Complainant said that the monies deducted was not recorded on her pay statement, it was just deducted. She said that she cleared any unpaid bills in her name before terminating her employment with the Respondent.
The Complainant said that she sent multiple emails, text and made telephone calls to the Respondent to resolve the issue, but that she received no response. (Copies submitted to the Hearing). The Complainant submitted a copy of her written terms and conditions of employment and she pointed out that there were no provisions for any such deductions from her wages in that document.
The Complainant submitted that the deduction from her wages was clearly effected in breach of the provisions of Section 5 of the Payment of Wages Act 1991.
Summary of Respondent’s Case:
The Respondent was not present or represented at the Hearing and they sent no submissions.
Findings, Conclusions and 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.
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complainant consisting of a grant of redress in accordance with the provisions of the same Section of the 1991 Act.
I note that the Respondent was not present or represented at the Hearing and they sent no submissions, accordingly I only have the evidence and submissions of the Complainant to rely upon in these matters.
Section 5 of the Payment of Wages Act 1991 lays down the conditions that must be met before a deduction may legally be made from an employee’s wages and it states:
“(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless—
- the deduction (or payment) is required or authorised to be made by virtue of any statue or any instrument made under statue
- the deduction (or payment) is required 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
- in the case of a deduction, the employee has given his prior written 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 of . which is necessary to the employment unless—
. (i) the deduction is required to be made by virtue of a term (whether express or implied and, . if express whether oral or in writing) of the contract 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 …..”
It is clear from the uncontested evidence of the Complainant that none of the above conditions are met in the instant case and accordingly I must find and declare that the complaint under Section 6 of the Payment of Wages Act 1991 is well founded and it is upheld.
I have upheld the complaint, the amount due to the Complainant is €188.92c and I require the Respondent to pay her that amount within 6 weeks of the date of this decision.
Dated: 12.06.2018
Workplace Relations Commission Adjudication Officer: Seán Reilly.
Key Words: Alleged illegal deduction from wages