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Question on refund of overpayment of Salary

Owen’s daughter 17 started working in a large department store 8 weeks ago. She was told she would be getting €9.00 an hour but ended up receiving €11.00 an hour. Now that she is leaving the department store they are owed the money. She was also due €1

Owen’s daughter 17 started working in a large department store 8 weeks ago.  She was told she would be getting €9.00 an hour but ended up receiving €11.00 an hour.  Now that she is leaving the department store they are owed the money.  She was also due €130.00 for holiday pay but they are not going to pay her.  Does she have to pay the money?

Genuine mistakes by employers can be rectified but there is a legal presumption that money paid to an employee is paid as due and owing and into their hand with all taxes deducted. 

When she started work did she receive a letter setting out that she would receive €9.00 an hour?  If she did then it is probably that the department store is entitled to their money back.  If there is no mention of the hourly rate in the engagement letter then it is my reading that they are not entitled to ask for it back. 

Incidentally legally she is entitled to receive her €130.00 holiday pay without deduction and if there was an error then they can ask for it back. 

My advice is to talk to an advisor in the National Employment Rights Authority who might be able to help. www.employmentrights.ie and for the advisory service

http://www.employmentrights.ie/en/aboutnera/informationservices/

 

 

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