The Workplace Relations Commission ordered a public service employer to repay three employees for unlawful wage deductions, while two other employees’ complaints failed. The decision, dated 9 September 2016, concerned deductions for illness-related absences during the Christmas fortnight from 24 December 2015 to 1 January 2016.
The employees argued that individually addressed letters requiring them to apply for sick-leave recognition were not circulars authorising deductions. The employer said the deductions were lawful because the employees had not followed the application procedure.
The adjudicator found the personalised letters were not circulars under the sick-leave regulations. Employees A, B and C, who had certified sick leave, were awarded €501.20, €440.62 and €404.24 respectively. Employees D and E had self-certified leave, and their complaints did not succeed because the regulations allowed the employer to withhold payment for those days.