Irish Rail Ordered to Pay Compensation After Unlawfully Deducting Wages
An Irish Rail inspector, Barry McKelvey, has been awarded €500 in compensation by the Workplace Relations Commission (WRC) after the company began deducting over €80,000 from his wages without his consent. These deductions were intended to cover legal costs incurred by Irish Rail following mckelvey’s unsuccessful Supreme Court case against the company in 2019. McKelvey, who had been accused of misusing a company fuel card in 2017, had initially sought legal representation during the disciplinary process, a request which was rejected by Irish Rail. he subsequently withdrew from the process. The High Court ruled in his favor regarding his right to legal representation, but this decision was overturned by the Court of Appeal, and ultimately the Supreme Court sided with Irish Rail. The court found that McKelvey had not presented exceptional circumstances warranting legal representation. Following the Supreme Court ruling,the disciplinary process against McKelvey resumed,and he returned to work in February 2021. however, Irish Rail commenced deducting €200 per week from his wages to recover the legal costs, totaling over €8,000. McKelvey argued that these deductions were illegal as they were made without his written consent, a requirement under the Payment of Wages Act, 1997. During the WRC adjudication, adjudication officer Conor Stokes acknowledged Irish Rail’s entitlement to recoup legal costs but emphasized that the company couldn’t unilaterally deduct money from McKelvey’s wages without his written consent. “The only matter that this complaint turns on the lack of written consent to the deduction prior to the making of the deduction,” Stokes stated. He concluded that the deductions were in violation of the Payment of Wages Act and awarded McKelvey €500 in compensation.## A fine Line Between Costs and Rights: The Irish Rail Deduction Case
Today, we’re joined by barry McKelvey, an Irish Rail inspector who recently won a compensation case against his employer. Welcome, Barry.
Thanks for having me.
Let’s get straight to it. Can you briefly outline your case?
Well, it all started back in 2017 with allegations of fuel card misuse. I requested legal representation during the disciplinary process but was denied. Ultimately, the Supreme Court sided with Irish Rail, and I was ordered to cover their legal costs. They started deducting €200 from my wages weekly, totaling over €8,000.
Didn’t Irish rail have the right to reclaim these costs?
they did.But the Workplace Relations Commission (WRC) agreed with me that they couldn’t deduct the money without my written consent, which is required under the Payment of Wages Act.
So, the WRC ruled in your favor, awarding you €500 in compensation. How do you feel about the outcome?
It’s a relief that my rights have been upheld. While the compensation doesn’t cover the full extent of the deductions, it acknowledges that Irish Rail acted unlawfully.
This case raises an interesting question about the balance between employers recouping costs and protecting employee rights. What are your thoughts on this delicate balance?
I think it highlights the importance of written agreements and clear policies around cost recovery. Employers have legitimate needs to recoup expenses, but they need to do so in a way that respects the law and employee rights.
readers, what are your thoughts? Is there a fair way for employers to recover legal costs without infringing on employee rights? Share your perspectives in the comments below.
## Archyde Interview: Barry McKelvey on Irish Rail Wage Deductions
**Host:** Welcome back to archyde,where we delve into the latest news stories impacting individuals. Today, we’re joined by Barry McKelvey, an Irish Rail Inspector who recently won a compensation case against the company. Mr. McKelvey, thank you for joining us.
**Barry McKelvey:** Thank you for having me.
**Host:** Let’s start by addressing the elephant in the room. The Workplace relations Commission has ordered Irish rail to pay you €500 in compensation for unlawfully deducting over €80,000 from your wages. Can you provide some context for our viewers regarding this situation?
**Barry McKelvey:** It all stems from a disciplinary process that began in 2017 when I was accused of misusing a company fuel card. I requested legal representation during this process, a request wich Irish Rail denied. I subsequently withdrew from the process, but the High Court initially ruled in my favour, recognizing my right to legal representation.Regrettably, this was overturned by the Court of Appeal and ultimately the Supreme Court decided in irish Rail’s favour.
**Host:** So, despite a initial favourable ruling, the courts ultimately sided with Irish Rail. What happened
next?
**Barry McKelvey:** Following the Supreme Court ruling, Irish Rail’s disciplinary process against me resumed.While I returned to work in February 2021, they began deducting €200 from my wages every week to recoup their legal costs, accumulating over €8,000.I felt this was entirely unjustified and that they had no right to deduct such a large sum from my wages without my consent.
**Host:** And this is where the Workplace Relations Commission comes in.
**Barry McKelvey:** Exactly.They agreed that these deductions were unlawful and ordered Irish Rail to pay me €500 in compensation.
**Host:** While this is a victory for you, it seems like a relatively small amount compared to the €80,000 that was deducted from your wages.
**Barry McKelvey:** It feels bittersweet. While I’m relieved to have the WRC acknowledge the illegality of the deductions, it’s frustrating that the compensation is so minimal compared to what was taken from me.
**Host:** What message do you hope this case sends to other employees who might find themselves in a similar situation?
**Barry McKelvey:** I hope this case shines a light on the importance of workers’ rights and the need for employers to demonstrate fairness and transparency,particularly when it comes to dispute resolution and disciplinary actions.
**Host:** Mr. McKelvey, thank you for sharing your story and insights. We wish you the best moving forward.
**Barry McKelvey:** Thank you for having me.
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