1. Introduction The Supreme Court decision in Marek Balans v Tesco Ireland Limited [2020] IESC 71 transformed the analysis of Payment of Wages complaints. The Court held that the threshold question in every case is what wages were “properly payable” to the employee. Only after that question is answered can the WRC determine whether there

1. Introduction A reduction in pay imposed unilaterally by an employer, without the consent of the employee, may amount to an unlawful deduction under Section 5 of the Payment of Wages Act 1991. The question is whether the reduction is authorised by statute, by the contract, or by the prior written consent of the employee.

1. Introduction Time limits are central to the strategy of any Payment of Wages complaint. Section 41 of the Workplace Relations Act 2015 imposes a six-month time limit for the referral of a complaint, with a possible extension to twelve months on the showing of reasonable cause. This article considers the calculation of the cognisable

1. Introduction The Sick Leave Act 2022 introduced a statutory right to paid sick leave for employees in Ireland, beginning with three days in 2023 and increasing incrementally. Statutory sick pay constitutes “wages” for the purposes of the Payment of Wages Act 1991, with the result that any unpaid entitlement may be pursued under Section

1. Introduction Holiday pay falls within the definition of “wages” under the Payment of Wages Act 1991 and may be the subject of a Section 5 complaint. While the substantive entitlement to annual leave arises under the Organisation of Working Time Act 1997, the failure to pay holiday pay that is properly payable engages the

1. Introduction Discretionary bonuses occupy a contested space in Irish employment law. A bonus that is described as discretionary in the contract may nonetheless become “properly payable” under Section 5 of the Payment of Wages Act 1991 if the employer has fettered its discretion through consistent practice or contractual representation. In Vithaldas v UCC Academy