Payment of Wages and Commission
- Payment of Wages Act 1991
- Jun 22
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1. Introduction Commission is a frequent source of Payment of Wages complaints. Commission schemes vary widely in their terms: some are wholly discretionary, others are payable on completion of defined milestones, and many are subject to claw-back or forfeiture clauses on termination. This article considers how the WRC analyses commission disputes, applying the Balans framework,
Read MoreWorking Time and On-Call Time
- Organisation of Working Time Act 1997
- Jun 22
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1. Introduction On-call time presents a complex question under the Organisation of Working Time Act 1997. The Court of Justice has held that on-call time spent at the workplace counts as working time, while “standby” time at home may or may not count depending on the constraints imposed. In Beirne v Health Service Executive the
Read MoreOutstanding Wages on Employer Insolvency under the Protection of Employees (Employers’ Insolvency) Act 1984
- Payment of Wages Act 1991
- Jun 22
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1. Introduction Where an employer becomes insolvent, employees may face the loss of unpaid wages, holiday pay, statutory minimum notice and other entitlements. The Protection of Employees (Employers’ Insolvency) Act 1984, as amended, establishes a statutory scheme through which the Social Insurance Fund will, in certain circumstances, pay arrears owed by an insolvent employer. This
Read MoreWorking Time and Public Holidays
- Organisation of Working Time Act 1997
- Jun 22
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1. Introduction Section 16 of the Organisation of Working Time Act 1997 provides protections for night workers, who are defined as employees who normally work at least three hours of their daily working time between midnight and 7 am. This article considers the maximum working time for night workers, the health assessment requirements, and the
Read MoreNotice Pay Disputes under The Payment of Wages Act 1991
- Payment of Wages Act 1991
- Jun 22
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1. Introduction Notice pay is a frequent subject of Payment of Wages complaints. Where an employee is dismissed without proper notice, or where pay in lieu of notice is not paid in full, the employee may bring a complaint under Section 5 of the 1991 Act in addition to any complaint under the Minimum Notice
Read MoreFinal Pay and Termination Settlements under the Payment of Wages Act 1991
- Payment of Wages Act 1991
- Jun 22
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1. Introduction The final pay calculation on termination of employment commonly gives rise to disputes. Outstanding salary, accrued but untaken annual leave, pay in lieu of notice, deferred bonus and commission, and benefit-in-kind reconciliations all fall within the definition of wages under the Payment of Wages Act 1991. This article considers the principal elements of
Read MoreWorking Time and Maximum Weekly Hours
- Organisation of Working Time Act 1997
- Jun 22
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1. Introduction Section 15 of the Organisation of Working Time Act 1997 imposes a maximum average weekly working time of 48 hours, calculated over a reference period of four months (or six or twelve months in defined circumstances). This article considers the calculation of average weekly working time, the available reference periods, and the implications
Read MoreWorking Time and Holiday Pay Calculations
- Organisation of Working Time Act 1997
- Jun 22
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1. Introduction The calculation of holiday pay has been the subject of extensive litigation in both Ireland and the Court of Justice. Holiday pay must reflect the worker’s normal remuneration, including components such as overtime and shift premiums that are intrinsically linked to the performance of the worker’s tasks. In Stefan v The Mater Misericordiae
Read MoreWorking Time and Cessation Payments
- Organisation of Working Time Act 1997
- Jun 22
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1. Introduction Section 23 of the Organisation of Working Time Act 1997 provides for payment in lieu of accrued but untaken annual leave on cessation of employment. The calculation must reflect the worker’s normal remuneration and the full period of accrual. In Cuffe v St Vincent’s University Hospital the WRC awarded €2,627 for unpaid annual
Read MoreWorking Time and Annual Leave
- Organisation of Working Time Act 1997
- Jun 22
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1. Introduction Section 19 of the Organisation of Working Time Act 1997 confers a statutory right to paid annual leave on most employees. The leave entitlement is calculated by reference to time worked and accrues at four working weeks where the employee has worked at least 1,365 hours in the leave year. This article considers
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