Earagail Eisc Teoranta v Doherty and others [2015]

Posted In: Case Law
  • Case Reference
    IEHC 347
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
Issues covered: Deduction of Wages

The obiter comment of Mr Justice Edwards in Permanent Defence Forces Other Ranks Representative Association v The Minister for Finance and Others (‘PDFORA’) to the effect that the Payment of Wages Act 1991 had no application to reductions as opposed to deductions from wages payable had come to the fore in recent Employment Appeals Tribunal determinations.

In a number of determinations, the EAT has repeatedly held that section 5 of the 1991 Act applies only to “deductions from”, not “reductions in”, wages: see Bessborough Centre Ltd v Long PW 86/2011, Santry Sports Injury Clinic v Padden PW 251/2011, [2014] E.L.R. 46, Byrne and Kelly v Dublin 12 Congress Centre Ltd PW 257 & 258/2011 and

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This article is correct at 14/07/2015

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Claire Bruton BL

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