Can they take money from wages?

discombobulate

A friend of mine has a job where they have responsibility for a safe in work. A sum of money went missing from the safe during their shift and they are being told by their employers that this will have to come out of their wages. A number of other people have access to the safe and could have accessed it during the time the money went missing.

Can they legally take the money here?

Reloc8

No. Probably.

The deduction here is not provided for by statute on what you say. If your mate was not given a copy of the contract in writing containing the term, or notice in writing that such a term exists prior to the money going missing (if there is no written contract or the term is not referred to in the contract) then the employer cannot make the deduction.

Check Section 5 of the Payment of Wages Act 1991. That Act also contains the appropriate remedies.

If the contract contains the term or notice in writing was given prior to the act giving rise to deduction there are other formalities required, which are set out in Section 5 of that Act.

discombobulate

Reloc8 wrote: »

No.

I know it was pretty much a yes or no type question but if you could elaborate further for me that would be great. i.e. how to approach refusing to pay it, if they do take it what steps to take or if they refuse and are subsequently fired

Mr. Presentable

No. If they want to make an accusation they may call the Gardai

Reloc8

discombobulate wrote: »

I know it was pretty much a yes or no type question but if you could elaborate further for me that would be great. i.e. how to approach refusing to pay it, if they do take it what steps to take or if they refuse and are subsequently fired

Sorry - I edited the post after hitting the submit button prematurely.

Refusing to pay - does not arise as he is in control of the deduction so to speak.

Check the Payment of Wages Act 1991.

You make a complaint as per the legislation to be dealt with by a rights commissioner.

If they refuse and are fired there is the strong probability that a case for unfair dismissal can be made subject to other qualifying criteria that do not need to be gone into here. If your mate is fired, he/she goes to a solicitor if they have any sense.

seamus

Payment of Wages Act 1991, Section 5

(2) An employer shall not make a deduction from the wages of an employee in respect of—


( a ) any act or omission of the employee, or


( b ) any goods or services supplied to or provided for the employee by the employer the supply or provision of which is necessary to the employment,


unless—


(i) the deduction is required or authorised to be made by virtue of a term (whether express or implied and, if express, whether oral or in writing) of the contract of employment made between the employer and the employee, and


(ii) the deduction is of an amount that is fair and reasonable having regard to all the circumstances (including the amount of the wages of the employee), and


(iii) before the time of the act or omission or the provision of the goods or services, the employee has been furnished with—


(I) in case the term referred to in subparagraph (i) is in writing, a copy thereof,


(II) in any other case, notice in writing of the existence and effect of the term,


and


(iv) in case the deduction is in respect of an act or omission of the employee, the employee has been furnished, at least one week before the making of the deduction, with particulars in writing of the act or omission and the amount of the deduction, and


(v) in case the deduction is in respect of compensation for loss or damage sustained by the employer as a result of an act or omission of the employee, the deduction is of an amount not exceeding the amount of the loss or the cost of the damage, and


(vi) in case the deduction is in respect of goods or services supplied or provided as aforesaid, the deduction is of an amount not exceeding the cost to the employer of the goods or services, and


(vii) the deduction or, if the total amount payable to the employer by the employee in respect of the act or omission or the goods or services is to be so paid by means of more than one deduction from the wages of the employee, the first such deduction is made not later than 6 months after the act or omission becomes known to the employer or, as the case may be, after the provision of the goods or services.

Basically, they cannot make any deduction from his wages unless;
- It's in his contract that they can do so
- And before the incident he was expressly told in writing that this is a clause in his contract

If they want the money, they'll have to make a complaint to the Gardai or take a civil action in court.

discombobulate

Thanks all for the responses. Have passed on a link to the thread