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Employer docking wages for damage

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  • 14-11-2019 8:14am
    #1
    duffysfarm
    Registered Users Posts: 850 ✭✭✭


    I have a friend who was employed by a recruitment agency and they then supplied him to a construction company as a general labourer. On his last week at work he was asked to move a portacabin which he did but it was damaged slightly in the move. They want to dock him €480 from his last weeks wages for this. He finished with them in july and it still hasn't been resolved. He offered to pay for half the damage but they wont accept it. He has moved jobs and is overpaying tax as revenue wont take him off week 1 basis until he ceases with old employer and he doesnt want to cease until this is resolved. He was asking me about it and I have 2 issues. 1 - he didn't intentionally damage the property and no one is saying he did. Is it not to be expected that some things will be broken in the course of work? 2- would the employers not have insurance for this kind of thing? Also the amount if money is not quite high and he offered to pay half only to try and get it resolved. The agency originally said the damage was €435 but yesterday said it's now €480. I have told him to make a complaint on the wrc website. Anyone any advice? While he has an employment contract none of the issue above has been in writing, it's all been over the phone. I doubt it if he is a member of any union but will check.


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    #2
    Dav010
    Registered Users Posts: 14,570 ✭✭✭✭Dav010


    It’s the recruitment agency who are docking his wages? The construction company must have charged the recruitment agency for the damage. It’s a strange situation as your friend was not employed by the construction company so they may be within their rights to charge the Recruiter, but whether the recruitment Co has a right to charge your friend may be laid out in the terms of his contract. Insurance premiums rise when you make a claim, he maybe a contractor when working for the Construction company and the damage may have been due to his negligence. Has he spoken to the construction company?


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    #3
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    Contract.
    What’s Olin the employment contract abkut this.

    It’s not a standard practice and so if it’s not in the contract I’d be surprised they will get away with it. The only situation I could see this flying would be if the damage was intentional or through serious negligence on behalf of the employee.


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    #4
    duffysfarm
    Registered Users Posts: 850 ✭✭✭duffysfarm


    i would agree with you. i will get a copy of the contract and see what it says. the only thing i can say in defence of my friend is that i dont think he would do it intentionally, hes not that kind of person and he would have no reason to. he knew the job was coming to an end and he was going straight to a new job so its not as if he was angry with the employer for any reason. Also he has offered to pay half of the bill just not fall out the agency.

    if he were to make a complaint about this is the WRC website the first step?
    _Brian wrote: »
    Contract.
    What’s Olin the employment contract abkut this.

    It’s not a standard practice and so if it’s not in the contract I’d be surprised they will get away with it. The only situation I could see this flying would be if the damage was intentional or through serious negligence on behalf of the employee.


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    #5
    BattleCorp
    Registered Users Posts: 11,788 ✭✭✭✭BattleCorp


    It's not normal for employees to have to pay for damages that occur accidentally during their employment. I'd doubt that such a clause is written into the employee's contract. A quick read of the contract will reveal if there is such a clause or not.

    If there is no such clause, your friend should under no circumstances pay for damage to the portacabin and demand full payment of all monies owed. Failing that, they should report a breach of the Payment of Wages Act to the WRC.


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    #6
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    Solicitor's letter claiming the full amount plus interest. That'll sort the agency out.


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    #7
    Strumms
    Registered Users Posts: 25,466 ✭✭✭✭Strumms


    It was an accident. Not done intentionally. The company should be insured, that’s what insurance is for. Taking money from your employees pocket for making an error is poor behavior.

    If I am running a courier company and one of the drivers is involved in an accident in one of our vans, say he clips a lamppost while parking causing €130 worth of damage... I’m getting an estimate and paying it or the insurance company is. Investigate yes... establish if there is any fault to be apportioned to them but I’m not going after them for money, it might cost them a warning, even their job if it’s deemed gross misconduct ie. trying to park while on a phone etc... but looking to pick their pocket, no, insurance, claim it’s part of doing business, not every day is going to run smoothly.


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    #8
    dreamers75
    Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    Over complicating this, the accident is a non issue.


    He doesnt need a "p45" to start with his new job he needs to logon to ROS online (tonight may be a bad time) and enter his new employer details from the date he started there. Revenue will take that and work out his tax rate.

    The accident is whoever he was working for at the times problem.

    Holiday pay may be deducted if its an agency.


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    #9
    Mrs OBumble
    Registered Users Posts: 25,974 ✭✭✭✭Mrs OBumble


    dreamers75 wrote: »
    Over complicating this, the accident is a non issue.

    Totally agree, this is why employers have employer insurance. Employee should not be paying a bean in this instance.


    dreamers75 wrote: »
    He doesnt need a "p45" to start with his new job he needs to logon to ROS online (tonight may be a bad time) and enter his new employer details from the date he started there. Revenue will take that and work out his tax rate.

    Not quite: if he's on week-one (not emergency tax) then the new employment is already set up with Revenue. But he's being taxed as though he earned the same amount every week this year, instead of getting to use any credits for time between the jobs, or any that he didn't use in the last job.


    dreamers75 wrote: »
    Holiday pay may be deducted if its an agency.

    Even this is dodgy. Holiday pay earned (ie 8% of gross, less pay for any holidays taken) should be paid out regardless once his employment is ceased with the agency.


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    #10
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    duffysfarm wrote: »
    While he has an employment contract none of the issue above has been in writing, it's all been over the phone. I doubt it if he is a member of any union but will check.
    If they refuse to put it in writing, I'd say forget about it.
    duffysfarm wrote: »
    He has moved jobs and is overpaying tax as revenue wont take him off week 1 basis until he ceases with old employer
    Sounds odd. Are you sure he's not being taxed at a higher rate, as Revenue thinks that he is now working two jobs?


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