Case Number: ADJ-00000172. Workplace Relations Commission

Docket NumberADJ-00000172
Date23 February 2016
CourtWorkplace Relations Commission
PartiesAn Employee v An Employer
ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000172

Complaint(s)/Dispute(s) for Resolution:

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-00000255-001

15/10/2015

Date of Adjudication Hearing: 19/01/2016

Workplace Relations Commission Adjudication Officer: Joe Donnelly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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:

In My final Payslip there was a deduction made for 370 Euro. The reason given on the Pay slip was "Training". I asked for an explanation. I was told by HR that "This was for the Sonas training €320.00 cert for 2014 to 2016 and for Dementia Care €50.00 cert for 2015 to 2017." The Sonas training took place in October 2013 and was valid from 2014 till end of 2015. Because this was expensive training outside work hours I told Melissa at the time that I didnt want to do it if i had to pay but she told me that the company would cover the cost. I was not aware of any applicable training deductions in my contract of employment and even if there were it seems very odd to wait 2 years to look for payment in my final payslip when leaving this employment. Also Sonas training is mandated by HIQA to the employer. Why would the employee have to pay? The other deduction was for more HIQA mandated training from May this Year. I looked in section 5 of the payment of wages act and this seems not to be a legal deduction. The way this deduction was made seemed to indicate that the HR department were instructed to make these deductions as a matter of course when an employee was leaving. I would not be surprised if many other people have had unfair deductions made to their salaries in their final payslip from this employer. As per my P60 my employers PAYE Regd. No. is 3226168FH but this form does not accept a PAYE No with 2 letters. the old one is 4874808N

The complainant further stated in evidence that there was no clause in her contract in regard to having to pay for training and that she had made it clear to the respondent that she would only do the training on the basis of it being paid for by the employer.

Respondent’s Submission and Presentation:

There was no appearance by the Respondent

Decision:

Section 41(4) 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

Issues for Decision:

The issue for decision is whether the deduction of a total of 370 euro by the respondent was a lawful...

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