Penn-Plax v Emer Moran

JurisdictionIreland
CourtLabour Court (Ireland)
Judgment Date12 Feb 2020
Judgment citation (vLex)[2020] 2 JIEC 1227
Docket NumberFULL RECOMMENDATION DETERMINATION NO.PWD2012 ADJ-00014800 CA-00019323-001

Labour Court

FULL RECOMMENDATION

PW/19/72

DETERMINATION NO.PWD2012

ADJ-00014800 CA-00019323-001

PARTIES:
Penn-Plax
and
Emer Moran
DIVISION:

Chairman: Mr Foley

Employer Member: Mr Marie

Worker Member: Mr McCarthy

SECTION 7(1), PAYMENT OF WAGES ACT, 1991

SUBJECT:
1

1. An appeal of an Adjudication Officer's Decision No(s)ADJ-00014800 CA-00019323-001

BACKGROUND:
2

2. This is an appeal of an Adjudication Officer's Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 10 January 2020 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination:

DETERMINATION:
3

This is an appeal by Emer Moran (the Appellant) against the Decision of an Adjudication Officer in her claim against her former employer Penn Plax Incorporated (the Respondent) made under the Payment of Wages Act, 1991 (the Act).

4

The complaint to the Workplace Relations Commission was made on 21 st May 2018. The Adjudication Officer held that the claim was not well-founded.

5

Summary position of the Appellant

6

The Appellant submitted that she had been paid lesser wages than that which was properly payable to her on 7 th March 2018 and 27 th March 2018. She submitted that when she received her wages on 7 th March 2018 her bank had applied a charge of €6.35 to her account. On 27 th March 2018 the bank applied the same charge and a deduction of €7.72 was made on the same date by the Respondent.

7

The Appellant submitted that the sum of these deductions was €20.42 and that these deductions amounted to unlawful deductions within the meaning of the Act.

8

Summary position of the Respondent.

9

The Respondent submitted that the impugned deductions were (a) a sum of €12.70 in the form of bank charges applied by the Appellant's bank which were not deductions made by the Respondent and consequently could not be unlawful deductions within the meaning of the Act, and (b) a deduction of €7.72 being the Universal Social Charge payable by law by the Appellant.

10

The Respondent submitted that it had, without prejudice, made a payment of €25.00 to the Appellant in respect of these matters on 13 th March 2018 in respect of past and future deductions.

The Law
11

The Act at Section 5 in relevant part provides as follows

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...

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