Information Circular No 33/2018: Payment of Wages Act – Timely Payment of Duties

By Industrial Relations Officer

Recent issues have highlighted deficiencies in current pay administration including – the late payment of Security Duty Allowances to personnel and the repayment of rations.

On a number of occasions previously, PDFORRA has sought the contemporaneous notation of the date together with the payment awarded for duties on payslips.

To date, for various reasons, the Department has asserted that it is not in a position to implement a system that accurately records the wages awarded and the reasons for the wages paid on any particular week.

PDFORRA has written to the Department outlining the Associations interpretation of Section 4 of the Payment of Wages Act 1991, which imposes an obligation on employers to:

“give or cause to be given to an employee a statement in writing specifying clearly the gross amount of the wages payable to the employee …”

Moreover, Section 5 (6) provides:
(6) Where—
(a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or

(b…then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion.

Thus, PDFORRA considers the failure to clearly specify the gross amount of wages for work undertaken where this results in an underpayment, should be recorded as a deduction under Section 6.

PDFORRA has requested that the Department set a reasonable timeframe within which personnel can expect to be paid the aforementioned allowances. The provision of this timeframe will set a period (occasion) after which personnel can make a complaint under the Payment of Wages Act 1991 for failure to pay.

Consequentially, PDFORRA requests that where our members experience delays in excess of the time set out in the attached Proforma – (*Notification of Non-Payment of Duty) they complete same and submit it to their District Committee for action.

*Members Please Note:  The Notification of Non-Payment of Duty Proforma is available from your PDFORRA District Committee.

Issued on: 16/11/2018

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