Santry Sports Clinic v 5 Employees

In Santry Sports Clinic –v- 5 Employees [PW 251/2001], the EAT determined that a reduction in pay is not the same thing as a deduction from pay and therefore a pay cut is not a ‘deduction’ for the purposes of the prohibition in Section 5 of the Act. In so deciding, the Tribunal expressly followed a decision of the High Court in 2009, declaring itself bound by that decision. [Michael McKenzie & others –v-Ireland and the Attorney General and Minister for Defence, 2009 551 JR].

In the Santry case, five employees brought claims under the Act after their employer, Santry Sports Clinic, cut its employees’ pay by 8% in the spring of 2010. The employees said that they had not agreed to the pay