Deductions from final payslip

Radiotower · 09-04-2015 1:12pm #1

Hi,

I finished up a job in Feb to start a new one.
I gave my 4 weeks notice and worked it out.

When I got my final payslip for Feb they had deducted my bonus for 2014 plus my pay increase for Jan and Feb. I have been on to them numerous times and they say they are going to refund me the difference in the salary increase but not the bonus. I haven't given my P45 to new employers yet as I want the old one to sort out the pay.

As my calls and emails are not been returned I was thinking of filing a complaint through Workplace Relations. Has anybody used them? Do they charge and do they get results?

Stheno · 09-04-2015 2:24pm

When was the bonus paid?

Radiotower · 09-04-2015 2:28pm

The bonus was paid into my account 2 days after I handed in my resignation letter!!! The thing is my manager didn't know about this "rule" and neither did her manager or the head of the department. It wasnt mentioned in my contract either. The bonus payslip was issued 10 days before I handed in my notice but it didnt get to my account till after!

Stheno · 09-04-2015 2:34pm

Radiotower wrote: »

The bonus was paid into my account 2 days after I handed in my resignation letter!!! The thing is my manager didn't know about this "rule" and neither did her manager or the head of the department. It wasnt mentioned in my contract either. The bonus payslip was issued 10 days before I handed in my notice but it didnt get to my account till after!

So are they saying their is a company policy that employees who are leaving are no longer eligible for a bonus?

bardcom · 09-04-2015 2:35pm

Radiotower wrote: »

The bonus was paid into my account 2 days after I handed in my resignation letter!!! The thing is my manager didn't know about this "rule" and neither did her manager or the head of the department. It wasnt mentioned in my contract either. The bonus payslip was issued 10 days before I handed in my notice but it didnt get to my account till after!

What rule? If there's a written rule that the bonus was conditional, they may be allowed to request it is repaid.

Radiotower · 09-04-2015 2:41pm

They say that the bonus was not applicable as I resigned before it was paid.
And it seems nobody in the department was aware of this before I left.

My view is it was for work done in 2014 - not for Jan and Feb of 2015.

Stheno · 09-04-2015 2:43pm

Radiotower wrote: »

They say that the bonus was not applicable as I resigned before it was paid.
And it seems nobody in the department was aware of this before I left.

My view is it was for work done in 2014 - not for Jan and Feb of 2015.

It's not unusual for companies to have such a policy, I've worked in too places where employees who were working out their notice became ineligible for bonuses due for the previous year.

daheff · 09-04-2015 3:12pm

I'd ask them to show you specifically where in the contract/ hr handbook this is specified.

I'd also argue that you had not handed in your notice at the point where the bonus was declared (and payslips issued) so you are entitled to it....but to be honest with you, unless you start talking legal with them, you probably aren't getting that bonus.

davo10 · 09-04-2015 3:49pm

Bonuses are discretionary, does you contract specifically say you are entitled to a bonus or does it just outline the hourly/weekly/yearly gross?

Mrs OBumble · 09-04-2015 5:18pm

Workplace relations are free to use.

I'm not sure how helpful they will be in this case, though.

A stiffly worded letter from Revenue, reminding the employer of their obligations to issue the correct final P45 with X weeks may be better.

therecklessone · 09-04-2015 7:25pm

You should consider making a complaint under the Payment of Wages Act 1991 for an unlawful deduction from your wages.

See here: http://www.workplacerelations.ie/en/Referring-a-Dispute/Refer_a_Dispute_Make_a_Complaint/

Best of luck.

bardcom · 09-04-2015 8:44pm

therecklessone wrote: »

You should consider making a complaint under the Payment of Wages Act 1991 for an unlawful deduction from your wages.

See here: http://www.workplacerelations.ie/en/Referring-a-Dispute/Refer_a_Dispute_Make_a_Complaint/

Best of luck.

This.

And you haven't left. You are still an employee while working out your notice. You were informed you would receive your bonus before you informed them of your intention to resign. Unless they can show you where in their employee manual that this is a rule/policy, they haven't a leg to stand on.

They're hoping you don't want the hassle of complaining and believe you'll roll over and not follow through.

Deductions from final payslip

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