# Overpayment of wages by employer



## spuddy01 (12 Oct 2012)

Hi there,
Hoping somebody can help me out with my dilemma.
I work as a HCA part time for an Agency and about six weeks ago while I was on holiday leave which i had requested and was paid for I received an extra amount of money in my payslip. The amount was €500.00 at the time i figured it was back pay as we are due to receive this under new legislation so i did not question it. Now recently a member of staff from the agency rang me & said that I had submitted a timesheet twice and was overpayed by said amount, I checked my emails and rang back to let them know that I had not done this. I was met with hostility saying that I had been overpayed and I needed to pay the money back she made reference to the payslip which did indeed show the €500.00 I received so I said I could pay back €50.00 that week. The following week she rang again and I told her that I could not pay anything that week as my mortgage was due she was not too happy so proceeded to tell me that she would take €50.00 every other week untill the money was payed back I did not agree to this. So the question is where does an employee stand in a situation like this as it is really bothering me as I dont like conflict and don't really know what to do. Any help greatly appreciated.


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## elcato (12 Oct 2012)

You agree it was an overpayment but you refuse to pay it back at 50 a week. Then you say you don't like conflict


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## Nutso (12 Oct 2012)

Overpayment of wages is covered under the Payment of Wages Act 1991 to the extent that an employee cannot take a case under this Act against his employer where the employer merely recovers an overpayment of wages or expenses from the employee.


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## spuddy01 (12 Oct 2012)

elcato said:


> You agree it was an overpayment but you refuse to pay it back at 50 a week. Then you say you don't like conflict



And you're input to this is what exactly? When I mentioned conflict it was in relation to the member of staff who was calling me each week and not really being very understanding I can not always afford to pay back the €50.00 each week as it is only part time so I work 2 days maybe only 1. There is no refusal to pay the money back just asking what is the practice in relation to this as it is not something that has ever happened to me. I did not ask to be overpayed I also don't appreciate being harrassed each time I submit a time sheet for payment.  

As for the payment of wages Act, I do not wish to take any case or legal action I would just like to know what is an acceptable course of action between both parties?


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## elcato (12 Oct 2012)

> And you're input to this is what exactly? When I mentioned conflict it  was in relation to the member of staff who was calling me each week and  not really being very understanding I can not always afford to pay back  the €50.00 each week as it is only part time so I work 2 days maybe only  1.


As usual people are very quick to take the money without question but when it comes to giving it back all sorts of sob stories come out. When you received the money why did you not ring them to ask what it was ? 


> There is no refusal to pay the money back just asking what is the  practice in relation to this as it is not something that has ever  happened to me. I did not ask to be overpayed I also don't appreciate  being harrassed each time I submit a time sheet for payment.


You were 'harrassed' once because you refused to come to what was a perfectly normal and fair request of returning the money. If you agree to pay back over the time allotted then you willl not be harrassed each time you submit a time sheet.





> As for the payment of wages Act, I do not wish to take any case or legal  action I would just like to know what is an acceptable course of action  between both parties


What would you consider acceptable ? Pay it back at 50c a month over the next x years ?


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## Setanta12 (12 Oct 2012)

Normally I thought it would have been deducted in one lump sum or maybe over four pay-periods.  Sounds to me like they're being v generous.


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## Bronte (16 Oct 2012)

Kildavin said:


> Normally I thought it would have been deducted in one lump sum or maybe over four pay-periods. Sounds to me like they're being v generous.


 
You cannot expect people who were overpaid and have spent that money to repay it in one lump sum.  Particulary if they are not paid a lot and cannot manage without it now.  It was the employers error and the employee is willing to pay it back so they both need to agree on an amount that is acceptable.  No need for the accounts department who made the error get huffy about it as it will be extra work for that person.


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## PaddyW (16 Oct 2012)

Kildavin said:


> Normally I thought it would have been deducted in one lump sum or maybe over four pay-periods. Sounds to me like they're being v generous.


 
My employer overpaid me to the sum of €900.00 once. I rang them to let them know they had done this and expected them to take it in one go, but instead they said they would take it back over 9 months, so four pay periods sounds very un-generous in my case!


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