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HSE psychologist's stance in dispute over €40k overpaid salary 'truly novel', WRC adjudicator says

Summary

A psychologist, Dr Emma McDonnell, is challenging the HSE's attempt to recover a €40,000 overpayment from her salary, arguing that the deductions are unfair and unreasonable. The overpayment occurred due to a payroll error during her parental and maternity leave in 2022 and 2023. Dr McDonnell's legal team claims the HSE's approach to recovering the funds violates the Payment of Wages Act 1991, as it lacks fair procedures. The HSE maintains that the deductions are lawful and appropriate. The adjudicator, Brian Dalton, described the legal argument as "truly novel" and adjourned the case to allow for written submissions. The case has significant implications for similar disputes. Dr McDonnell's legal team is represented by Anne Marie Daly of Dominic Dowling LLP, while the HSE is represented by Ger Connolly of Mason Hayes and Curran LLP.

Who, what, where, when and why

What: Report matter: HSE psychologist's stance in dispute over €40k overpaid salary 'truly novel', WRC adjudicator says. Procedural stage: hearing_or_decision

When:

• November 2024 Other
• 2022 and 2023 Other
• 2026-01-09 Publication

Why: "This deduction cannot be seen as an unlawful deduction because it is… a reimbursement to the employer in respect of an overpayment of wages," he added. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report