The Labour Court allowed John Ryan’s appeal and directed Athlone Institute of Technology (AIT) to pay him €1,000 compensation. It found that AIT unlawfully deducted €1,548.71 from his wages. The determination was signed on 12 April 2016, setting aside and replacing the Adjudication Officer’s decision.
Ryan had been redeployed to Kildare Wicklow Education and Training Board (KWETB), but AIT remained responsible for paying his salary. He said he attended AIT while waiting for employment issues to be addressed. AIT argued he had been absent from his designated workplace without authorisation.
The Court found no contractual or statutory basis for the deduction and said it was unfair and unreasonable to deduct wages for the period before AIT first raised an issue with Ryan’s attendance. The €1,000 compensation took account of Ryan remaining at AIT after he was instructed on 11 June 2014 to return to KWETB.