ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052738
Parties:
| Complainant | Respondent |
Parties | David McEvoy | Hse Community Health Organisation Cho7 Oak House |
Representatives |
| HSE National Employee Relations |
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-00064632-002 | 08/07/2024 |
Date of Adjudication Hearing: 05/02/2026
Workplace Relations Commission Adjudication Officer: David James Murphy
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:
The Complainant is an employee of the HSE. In 2022 he was promoted into an administration role. The Respondent continued to pay certain allowances to him in error and discovered this in late 2023. They began regular deductions of €215 per fortnight to recoup the overpayment from January 2024 until May 2024 when the Employee initiated a grievance. |
Summary of Complainant’s Case:
The Complainant alleges there was an unlawful deduction from his wages. He accepts that the Respondent were recouping an overpayment. |
Summary of Respondent’s Case:
The HSE submits they are entitled to recoup overpayments made to employees. |
Findings and Conclusions:
Section 5 of this act prohibits certain deductions from wages. As the HSE has highlighted, in their submissions, Subsection 5 of Section 5 makes clear that Section 5 does not apply to the reimbursement of overpayments of wages. It is not disputed that the deductions which are the subject of this complaint are reimbursement of overpayments. |
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.
I find that the complaint is not well founded. |
Dated: 20-02-26
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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