ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00063625
Parties:
| Complainant | Respondent |
Parties | David O Reilly | CPI Recruitment Ltd |
Representatives | Self Represented | Not present |
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-00077114-001 | 04/11/2025 |
Date of Adjudication Hearing: 21/05/2026
Workplace Relations Commission Adjudication Officer: Peter O'Brien
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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation may be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public.
Background:
The Complainant was employed as an Excavation Operator and deductions were made from his wages by the Respondent for the Construction Workers Pension Scheme (CWPS). When he left the employment he sought confirmation that the deductions had been paid into the fund from the CWPS Fund Manager and they advised they had received no employee or employer contributions on his behalf. The amount of the Employee deductions was 143.22 Euros. |
Summary of Complainant’s Case:
The Complainant was employed as an Excavation Operator from June 3rd 2025 to July 25th 2025 and various amounts were deducted from his pay amounting to 143.22 Euros in total as a contribution to the Construction Workers Pension Scheme however this contribution was never given to the CWPS by the Respondent. The Complainant submitted his payslips to verify the deductions were made and submitted a letter from the CWPS Fund Manager stating they had received no pension contributions on his behalf. The Complainant sought recovery of the amount deducted. The Complainant submitted that he never agreed to join the Scheme. |
Summary of Respondent’s Case:
A complaint was received by the Director General of the Workplace Relations Commission by David O Reilly on November 4th 2025 alleging that the Respondent contravened the provisions of the Payment of Wages Act 1991 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on May 21st 2026 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 method at which the Hearing to investigate the complaint would be held. Contributions were received in advance of the Hearing by a person acting on behalf of the Respondent advising that the business had ceased, that the deduction may not have been transferred to the CWPS due to an issue with the Payroll person being on sick leave and an offer was made by that person, but declined by the Complainant, to pay the amount due in weekly instalments as she was now working with a new company. |
Findings and Conclusions:
I find that the amount of 143.22 Euros was deducted from the Complainants pay as shown by his payslips and deducted as a contribution to be paid to the CWPS but that it never was paid into the Scheme by the Respondent and therefore is an illegal deduction. I find that the Respondent should refund the Complainant 143.22 Euros. |
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.
I find the complaint well founded and decide that the Respondent should refund the Complainant 143.22 Euros. |
Dated: 25th of May 2026.
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Deduction in Wages |