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ARTICLE · 29 JUNE 2020

Employee Claims Entitlement To Higher Wage Due To Computational Error In Contract

The case of Marek Balans v Tesco Ireland Limited [2020] IEHC 55 concerned an appeal to the High Court against a decision of the Labour Court by an employee who was not paid in accordance...

IrelandEmployment and HR

The case of Marek Balans v Tesco Ireland Limited [2020] IEHC 55 concerned an appeal to the High Court against a decision of the Labour Court by an employee who was not paid in accordance with the terms of his contract.

The Payment of Wages Act, 1991 prohibits unlawful deductions from an employee's wages. Section 5(6) provides that where the total amount of wages paid is less than the total amount that is properly payable, the deficiency or non-payment should be treated as an unlawful deduction unless it is due to an error of computation.

In this case, the High Court considered whether the Act should exclude situations where there is an error in the contract itself.

Background

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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