Final Salary Deduction

Dublinandy3

Hi All,

My wife has just gotten a new job. In her current position they've deducted for professional exams taken within the last year.

My question is, shouldn't they have notified her that if she left the deductions would happen? In my workplace I have to sign something to say they can take it back if I leave.

I checked her contract and there is nothing in that relating to this, she was never told, verbally or in writing and even when she was told today about the deduction, it started off with I know this may come as a shock, implying they knew they hadn't told her.

It'll amount to almost half of her last month's pay, so I just wanted to know if this can be done by them and opinions if it's worth trying to fight it. She leaves on Friday this week and was told today, her final pay cheque is on Friday.

She has worked her full month's notice.

Thanks in advance

tjhook

The law is pretty tight around taking money from a person's paycheque. I know you say you've checked her contract - it might be worth checking employee handbooks etc, anywhere else there might be documented policy.

If there really is no such documented contract/policy, I think your wife's employer is in the wrong. It would be their responsibility to provide proof that there's something that allows them to make these deductions from your wife's paycheque. There'd be no harm asking the employer where such as agreement is that allows them to do this.

(I don't work in the HR/Finance area, this is just my opinion)

Dublinandy3

https://www.boards.ie/discussion/comment/121129375#Comment_121129375

Thanks, that was my initial thought too. They told her it was in her contract and sent that to her, but I've read it all and it's not.

I'll get her to approach to ask them specifically where it states it, that may be the less nuclear option.

Tomw86

As above I would ask for them to provide the document or policy where this deduction is noted. It may be on their intranet or in a handbook somewhere and if so then fair enough as your wife may have been directed to this or perhaps didn't read the full handbook (rarely anyone does).

If they cannot provide this then tell them that she does not accept this deduction and ask to speak with the Head of HR about it.

I have had this in the past with professional fees and had a friend who had to pay it back when he left within 18 months but in that case it was clearly documented and was also on a decreasing scale of repayment (ie. 100% if you leave within 6 months, 75% within 12 months, 50% thereafter up to 2 years).

757TFFIU

I'm not a HR expert by any means OP - However, my understanding is that the Payment of Wages Act states that an employee should be notified in writing at least one week prior to any deduction taking place. I get the impression from your post that this deduction came out of the blue, without warning, so the employer may have to explain themselves in this regard.

Dublinandy3

Thanks all