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