Case Number: ADJ-00000067. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000067
Date20 April 2016
PartiesA Worker v A Respondent

In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

The Complainant is employed as a Special Needs Assistant (SNA) in a National School in Co. Kildare. He commenced in this role in June 2002. He works 35 hrs per week. He is paid fortnightly and his gross pay is €1,376.73 per fortnight. The claim made was that unlawful deductions had been made from his salary without proper notice.

The representative for the Complainant stated that two claims had been entered but that the first claim was entered was out of time. The second claim relates to the period 4/6/15 to 13/8/15, to the amount of €6,590.14.

The Complainant was absent from work from 6/1/15 to 2/6/15 due to stress. Initially he did not contact the school nor did the school contact him. On 11 March 2015 the Complainant received a letter from the Chairman of the school's Board of Management (BOM) requesting that he attend an occupational health assessment. The Complainant complied with this request. The outcome of the assessment was that he was "not currently in a position to return to work". Around 26/27 March the Complainant met with the Chairman of the BOM and the school Principal. It was agreed by the Chairman and the Principal that €500 would be given to the Complainant to help with the financial hardships he was enduring. That amount was transferred from the school account to the Complainant's account the following day. Around this time his wages had stopped being paid entirely without any reason being given.

Another medical assessment was completed on 8 May 2015 the outcome of which was an indication that although the condition had improved he was not yet fit to return to work. The Complainant returned to work on 2 June 2015. However, deductions continued to be made to the Complainant's salary, again without explanation. The Complainant contacted the Principal regarding the deductions but she said there was nothing she could do. The Complainant contacted the Dept. of Education directly but did not receive any satisfactory explanation. By the end of August his full salary was reinstated.

The Complainant now seeks repayment of the salary that was not paid to him in the period.


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