The Health Service Executive has won a Workplace Relations Commission case brought by employee William Forbes over overtime pay and a deduction from his wages. The decision, dated 6 March 2024, found his Payment of Wages complaint not well founded.
Forbes said he worked four extra shifts, totalling 48 hours, at management’s request and claimed €3,036.16 in unpaid wages. He said €1,197.82 had been paid for overtime, then €348.11 was deducted. The HSE argued that his grade 8 role provided time off in lieu rather than cash overtime, and that an erroneous payment had to be recovered.
The officer found that overtime rates did not apply to grades above Grade VII under the relevant national rules. Local managers could not approve enhanced pay, and legislation required the HSE to recover an unapproved overpayment. The claimed overtime was therefore not wages properly payable under the Act, and the complaint failed.