Courts / Ireland / Report

Worker 'caught in middle' of funding shortfall caused by government department

Summary

The Workplace Relations Commission has ordered Work Web West Ltd, trading as Employability Mayo, to pay Ashling Kempton €1,436.32 in unpaid wages. The adjudicating officer found that the organization unlawfully cut Ms. Kempton's weekly pay by €30.56 for 47 weeks between January and December last year. This decision upholds both of Ms. Kempton's complaints, marking the second successful claim against the employer on this issue in six months, bringing her total recovery to €2,231.14. The tribunal determined that annual salary increments were part of her contract, based on a scale approved by the now-disbanded FÁS in 2008. The employer argued it was caught in the middle of a funding shortfall because the Department of Social Protection refused to recognize salary commitments previously made by FÁS. The adjudicating officer noted that while the department stated remuneration was a matter for the employer, all funding was provided by the state. The officer expressed sympathy for the non-profit organization's predicament but ruled the pay cut unlawful. Ms. Kempton, represented by the Siptu Workers' Rights Centre, stated she was the only employee affected by the cut. The employer's coordinator confirmed that political representations to the minister had failed to secure the necessary funds.

Who, what, where, when and why

What: Report matter: Worker 'caught in middle' of funding shortfall caused by government department. Procedural stage: hearing_or_decision

When:

• September 2022 Hearing Or Sentence
• October 2016 Other
• October 2020 Other
• 2011 to 2019 Other
• 2023-03-20 Publication

Why: There were no cuts to the pay of other staff because they were "already at the top point of the pay scale" and were due no increments. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report