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Agency problem

  • 23-01-2019 7:07am
    #1
    Registered Users, Registered Users 2 Posts: 6


    Looking for some advice here if anyone else has been in a similar position before

    I started work 6months ago through an agency for a food company all was going well until at the beginning of November they rang me to say that there was an overpayment on my wages and they would have to look into it and get back to me with an amount.

    I heard no more about it and was paid every week as normal until the Friday before Christmas when I checked my bank account and got no paycheque.

    I got into the agency and was told that they would look into it and sort it out for me.

    Anyway at the end of the day that Friday I was told that they couldn't do anything for me and they would try to get me some money when they returned after the Christmas period I was very upset as it left me with no money at all over Christmas.

    Roll on then to the first Friday after Christmas and I expecting 4 weeks wages in my account after working through the whole Christmas period as the company I was with didnt take any holidays as there in the food industry and again no money there.

    I rang the agency again and was basically told you were overpaid to the tune of 2000e and that is why you got no money before Christmas and there's a further balance outstanding of 300e which we will be taking going forward over the next 4 weeks.

    I got them to agree to take that money over an 8 week period as I told them it wouldn't pay me to go to work as I live over an hour away and they agreed to this.

    Then on the following week when I went to my account I received 199e they took the entire amount again all in one go.

    Rang them and was told they were sorry but nothing they could do. I then was so worried and stressed out over the whole thing that I went to see my doctor over it and she put me on sick certs .

    Throughout this time then I have received calls from the agency asking when will I be coming back and am I looking for work elsewhere.

    Then yesterday I received an email from them saying that the company no longer require my services as it's a quiet time for they company at the moment

    Sorry for such a long post but has anybody ever been in this position before and if so what did they do


Comments

  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    Why were you expecting four weeks pay the first Friday after Christmas if you are paid weekly?

    That doesn't make sense

    That aside it's not unusual for agency st a f2f to be let go in quiet periods especially if there less than a ye asr


  • Registered Users, Registered Users 2 Posts: 3,733 ✭✭✭OMM 0000


    Sorry to hear this.

    A couple of points.

    a) They're allowed fire you for being sick.

    b) They shouldn't have just taken the money from you, especially when you had an agreement. Was the agreement in writing? But they did nothing legally wrong.

    According to the law, they're allowed take overpayment of wages from you. Look at (5) (a) (i) (I) here: http://www.irishstatutebook.ie/eli/1991/act/25/section/5/enacted/en/html#sec5

    c) Why didn't you tell them when you noticed you were overpaid? Were you hoping to get away with it? Just curious, for context.


    You'll be ok. Look for a new job and know this will be behind you soon.


  • Registered Users, Registered Users 2 Posts: 6 pg recovery


    Was expecting 4 weeks because 3 weeks all at once before Christmas due to the holidays and 1 week then for the first week back in January


    I never was aware of an overpayment it's a driving job you see..payment is by way of a set day rate ... but on most runs I did I was accompanied by another driver because we had a very busy route to cover and because of this they say I should have been paid a lesser rate...

    I never was made aware of this I just did what I was told to do by the company every morning


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