fictitious scenario

mookishboy

In this fictitious scenario an employee who was on sick leave for a period of approx 6 months was mistakenly (mistake by the employer) paid an allowance that was not normally paid after a period of 4 weeks sick leave. this mistake was only noticed when the fictitious employee returned to work.

Over payment was approx 4k. The payroll person has decided to stop all wages until the over payment is returned. The fictitious employee is concerned that this is a rather brutal method of recouping the over payment.
They have spoken to the work place rights commission who have quoted the payment of wages act 1991 saying that any repayment by the employee must be carried out after a fair and reasonable agreement has been reached.

As stopping wages for a month or two would be unfair as the mistake lies with the employer.

In this scenario was the information supplied to the employee correct ?

4ensic15

The 1991 Act does not prescribe any method for recovery of overpayments, or give any guidance as to the circumstances in which they may be recovered.

Kings Inns or bust

It seems to me OP that the complaint you describe can not be presented to the Rights Commissioner.

(5) Nothing in this section applies to—

(a) a deduction made by an employer from the wages of an employee, or any payment received from an employee by an employer, where—

(i) the purpose of the deduction or payment is the reimbursement of the employer in respect of—

(I) any overpayment of wages, or

I welcome correction or additional information. Seems a rather sharp practise to simply stop someone's wages. There must be a method or recourse, but not it seems, the Rights Commissioner.

nuac

Mod
Closing thread because of rule against legal advice