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Nibeck ordered to pay Brian Cumiskey €994.68 for unpaid wages and holiday pay

By Cathal Brosnan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission ordered Nibeck Ltd to pay Brian Cumiskey €994.68 in net compensation after finding an unlawful deduction from his final week's wages and holiday pay. In a decision dated 15 November 2022, it also awarded him €450 for the failure to confirm his promotions in writing. Cumiskey said he had agreed under pressure to let the money go towards reimbursing Nibeck for missing funds, and that he paid the company €4,000. Nibeck said he agreed to the arrangement but acknowledged there was no written agreement. The WRC found the wages were properly payable because his contract did not authorise the deduction and he had not given prior written consent. It included the holiday-pay redress in the wage complaint award. The WRC also found the promotions to supervisor and manager were not confirmed in writing, although Cumiskey suffered no disadvantage. His separate complaint about receiving no new statement of employment terms after transferring to Nibeck was not well founded.

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