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WRC awards Martin Timmins €12,000 over unlawful wage reduction

By Tadhg O'Sullivan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission has awarded Martin Timmins €12,000 after finding that XS Direct Insurance Brokers Ltd unlawfully reduced his wages. The WRC decision was dated 15 March 2023.

Timmins, a claims handler, said the company cut his salary and bonus by 15% from May 2020 without his agreement. His annual gross pay was €47,000, made up of a €35,000 salary and a €12,000 bonus. The company, which had ceased trading and entered receivership, did not attend the hearing or provide evidence.

The adjudication officer found the salary and bonus were wages due under Timmins’s contract. The Payment of Wages Act prohibits deductions unless authorised by law, the employment contract or the worker’s prior written consent. The officer found none of those applied and said the company had not consulted Timmins or explored alternatives before making the cut.

The WRC found the complaint well founded and directed the company to pay €12,000 in compensation, subject to lawful deductions.

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