A woman in our paryroll department is constantly getting my wages wrong, she was mistaken about my entitlements which was the reason for the first mistake, HR corrected her and she's still messing them up, I have to wait until my next pay period for it to be rectified which is 2 weeks, it's 4 times this year alone, amounts between 200 and 600 euro, I want to make a formal complaint, as when I approached her she's also rude dismissive and never apologises, but I'm not sure on how to do this, is it classed as tortious interference?? Who do I go to HR? They arnt great. The Union or LRC??.
This squarely falls under the Payment of Wages Act 1991.
Employers must pay the correct wages, on time.
Repeated underpayment, even if “mistakes,” can be an unlawful deduction.
Forcing an employee to wait weeks to correct errors can itself be a breach.
Intent is not required. Repetition is enough.
Amounts of €200–€600, four times in one year, is not trivial at all.
The first step is to write a formal written grievance and send it to HR and management.
I have asked for immediate corrections before, but I'm just stone walled with "this cannot be done outside of your pay period" I work for the state I dont know if that makes a difference, their policy for overpayments completely violates the 1991 wages act, they just take it back from your next pay, iv had them take money back that they thought was an over payment but it wasn't ( I told them it wasn't told them not to touch my wages they don't have my permission, they still did), then they had to give it back to me. I just want to be paid correctly on time, I'd actually like the woman making the mistakes to have to do a course on employment law and entitlements.
I have a record of everything from 2025, I could go back over my 5 years of employment and there would be loads of underpayments. Should I do that? Or just stick to the last year? So you think an internal grievance is the way to go??
Problem for OP is compensation - if the errors are corrected by the time of the WRC hearing, there is technically no loss to compensate. The 1991 Act doesn’t provide for general damages - only compensation to make you square on what is owed.
I'm not looking for compensation, I just want her to stop making these "errors"
But what legal remedy are you looking to get? An injunction forcing your employer to not make mistakes?
I don't know NAL so was hoping for advice on what to do next, I suppose the person who is making the mistakes needs more training?? An apology would be nice?? Assurance that this won't continue
There’s not much legally that can be done. Best thing would be to raise an internal grievance and try and get it sorted.
Would be great. Sounds facetious but I had employer deduct my salary deliberately on three occasions, amounts of up to €400 a week for 3 years then for 6 months in 2023 in order to coerce a signature so that they could weasel out of a CID. Union fully involved geneflecting and doffing the cap. Other occasions I was overpaid for 3 months, actually overpaid three times even pointed this out to them, the automated system didn't understand nor did the human. Then oh its your responsibility. Then the smash and grab, pay back or else. Its their error but its just tough it needs to be paid back, that's the law and that's a fact must be paid back to the exchequer and you will pay it back or they will just deduct in a lump sum.
Didn’t realise they were looking for compensation. If that’s the case then you are probably better equipped to advise.
I'm not looking for compensation
Disregard comments that OP is not eligible for compensation. OP can be awarded DOUBLE the shortfalls. The WRC has the power to order it as per the Legislation.
This isn’t tortious interference. That involves a third party - your payroll colleague is an agent of your employer so it’s purely a matter between you and your employer.
Any wage underpayments can be addressed via the WRC (it hasn’t been called the LRC for over 10 years btw). However, because the issue will presumably be fixed by the time you had your claim heard, you won’t be entitled to compensation. The WRC doesn’t award general damages for these kinds of things - they only give compensation to ensure you get what’s owed to you.
Any systemic issues are best addressed with your union assuming there is a collective bargaining agreement in place as your rep will probably be able to have a discussion with management and put some pressure on to ensure it doesn’t happen again.
And a quick reminder...
HR isnt there to help/protect employees, its there to protect the company from employees.
So approach them correctly and remember that theyre not your friend either.
I say this all the time. Whenever you want something, make achieving that thing the least arduous path for people to take. What you need to do is make getting your wages right the path of least hassle. Every time your wages are wrong, ring her and be demanding, be rude, be insistent, ring her manager, go stand at her desk, email your boss, email her boss, go see your boss, complain. EVERY. TIME. Her boss and your boss do not want the aggravation of dealing with this every two weeks. Let them make sure she does her job. Stop being nice or accommodating about it. People are like water, they will follow the path of least resistance. If she knows what's coming (hardship) she will get your wages right.
OP indicates is either civil service or public sector , strong possibility that payroll lady doesn’t give a single flying fuck what her or anybody else’s boss thinks or does and ain’t damn thing anyone can do about it
Make a complaint to the WRC using the PAYMENT OF WAGES ACT 1991.
OP does not need to raise the issue internally again as the matter has been raised previously.
Whether it's a deliberate act or simple mistakes or negligence, it is still a breach the Act.
Technically it's an ILLEGAL DEDUCTION. LAW.
Agree it’s pointless going to the WRC. Are you the only one suffering because of her mistakes? Most payroll systems make changes easily once the input is done properly? Is she deliberately inputting wrong information to leave you short? Best to sort it with the help of HR and record all the times it happens
I don't know any others, yes she's actually changed information my Manager has given her re my hours
Some really good points here - could this be a form of bullying? If its just you, then it is highly unlikely to be incompetence and is more likely to be targeted at you.
Get hr to Speak to her manager.
Are you in a union? If so, talk to your rep and go from there.
The person doing your wages..have they been with the company a long time? Are they an older person or a young person?
They're with the company but transferred into payroll in the last year, I'm not sure how old she is, the payroll department is in another location
Go to boss or hr first let them know you have all details written down and if it not sorted your going further.
Would it be more like constructive dismissal. They are making it so hard for you, you would have no option but to leave.?????
Don't go to hr go to highest position or email an cc managers and bosses
4 times in 7 days is some job
What??
Ok I meant 4 times in a year
so this is the one legal concept you've seen in a movie?
No?
You're some shit talker.