ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00062491

Parties:

	Complainant	Respondent
Parties	Cashel Mulgrew	Napier Courtiers (in Receivership) Fastway/Nügo

Representatives

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-00075643-001	22/09/2025

Date of Adjudication Hearing: 04/08/2026

Workplace Relations Commission Adjudication Officer: Shay Henry

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complain 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, Mr Cashel Mulgrew worked for the respondent Napier Courtiers Fastway/Nügo, as a delivery driver. Shortly before he resigned his post the complainant, in the course of his employment, damaged the garage door of a customer. The respondent deducted half of the costs of the repair from the complainant’s wages. The complainant alleges that this was an unlawful deduction.

The company is in receivership and was not represented at the hearing. A communication was received from the Joint Receivers to the effect that they would not be attending the hearing.

Evidence was given under oath/affirmation by the complainant at the hearing.

All documentation received was considered by me in reaching my decision

Summary of Complainant’s Case:

The complainant, Mr Cashel Mulgrew worked for the respondent as a delivery driver from 29th April 2024 until 19th September 2025. Around August/September 2025 he was delivering goods to a private dwelling in Mayo. The complainant attempted to open a garage door which came off its roller. The owner of the property complained to the respondent. The complainant was intending to leave the company shortly after the incident and submitted his resignation. He received a phone call from his manager saying that they were going to deduct the cost of repair from his wages. A sum of €305 was deducted from his second last pay check, which the complainant was informed equated to half the repair bill for the garage door. HR informed the complainant that they would take the second half of the bill from his last pay check. They did not do so. Nothing in the complainant’s contract provided for such a deduction and he did not agree to it. Shortly, after the complainant left he found out that the company was in receivership.

Summary of Respondent’s Case:

The respondent was not represented at the hearing. An email from a Mr Conor Bright (Joint Receiver for the company) was received on 29th July 2026 which stated; “ Please note that given this claim under case ADJ-00062491 predates the appointment of the Joint Receivers, there will be no attendance from the Joint Receivers office”.

Findings and Conclusions:

Section 5 of the Payment of Wages Act 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.

There was no appearance by or on behalf of the respondent at the hearing. I am satisfied that the said respondent was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held and the Joint Receivers indicated by email that they would not be attending.

As there was no appearance by the respondent at the hearing I accept the evidence given by the complainant that there was nothing in his contract which entitled the respondent to make the deduction and that he did not consent to the deduction and therefore I conclude that his complaint is well founded and he is owed the sum of €305 in respect of unpaid wages.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

The complaint is well-founded, and I order the respondent to pay the complainant the sum of €305.

Dated: 20 August 2026

Workplace Relations Commission Adjudication Officer: Shay Henry

Key Words:

Payment of wages. Unlawful deduction