Successful Employment Appeals Tribunal (EAT) Hearing For PDFORRA Member Under The Payment Of Wages Act


PDFORRA secured a success at the EAT for a member who had his pay stopped for a period when he was sick and had furnished a doctor’s certificate to that effect. The case was taken under the Payment of Wages Act, 1991 on appeal of a Rights Commissioner decision earlier in the year.

The EAT found that the Defence Forces did not adhere to the provisions of the Act at Section 5 (2) (iv) which requires that where a deduction from pay is going to be made, that the individual concerned should be provided with the details in writing of the act or omission justifying the deduction and the amount of the deduction.

The EAT allowed the appeal against the Rights Commissioner decision and awarded the PDFORRA member concerned the amount of pay that had been originally deducted.

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