Labour Court allows HSE West to recover workers’ overpayments over longer period

The Labour Court varied three recommendations on HSE West’s recovery of overpayments to Three Workers, allowing deductions over an extended period up to their normal retirement dates. The decision was signed on 11 October 2011. The Rights Commissioner had recommended that HSE West stop the deductions and repay amounts already taken. The workers, represented by INMO, said they had checked their entitlement, been told they qualified and received the allowance in good faith. HSE West said the allowance had been paid in error and had to be returned. The Court accepted that the payments were made in error and that HSE West was entitled to recover them. It varied the recommendations to allow recovery through deductions spread over an extended period.