WRC finds no unlawful wage deduction by Whitford House Hotel

The WRC found no unlawful wage deduction in Jennifer Weldon’s complaint against Forthside Lodge Ltd trading as Whitford House Hotel. Its decision, dated 16 May 2022, also found that she was entitled to full holiday pay, including commission, for three weeks of annual leave in July 2020, with no overpayment. Weldon, a swimming instructor, alleged that €715.35 had been deducted over five weeks when she received the wage subsidy and one cent from her employer. The hotel said there was no unlawful deduction and argued that commission had been overpaid in her holiday pay. The adjudication officer found that Weldon was not teaching lessons or earning commission during the five weeks, so her basic contractual pay was properly payable. For her July leave, holiday pay was calculated using the applicable 13-week period before the pool closed.