Dispute over final pay cheque and P45

J

John Rambo

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My brother recently left his job by choice because he wanted to move to another company. His employer still has not given him his P45 and is ignoring phonecalls and requests for one despite the fact that Rambo Junior's new employer needs it. More significantly, his final salary cheque included deductions of almost €2000 for 'training' which he never received. The employer has acknowledged that this is incorrect verbally but still has not repaid the money. He claims a manager told him that he had done the training in error. He had a contract and there was no mention of allowing the employer deduct monies for training. I was under the impression that it was illegal to deduct anything other than tax and PRSI without the employees written permission (or if specified in your contract) Who is the best person to speak to/complain to about what has happened? There were no issues whatsoever for him leaving...in fact they begged him to stay and offered him the sun moon and the stars to do so.
 
in terms of the p45, how long has he been waiting?. I know with the company I work for it can be up to 6 weeks but that is because they are a multinational and they are issued from India where our HR "shared services" are based

in terms of the training, was the company paying exam fees or other external courses for him?
 
Mpsox said:
in terms of the p45, how long has he been waiting?. I know with the company I work for it can be up to 6 weeks but that is because they are a multinational and they are issued from India where our HR "shared services" are based

in terms of the training, was the company paying exam fees or other external courses for him?
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It's a small enough company...around 15 employees with an owner/manager scenario who runs the company and does the books and payroll himself. They didn't pay any exam fees or anything like that but took the money from his salary without warning. This was done on the advice of another employee who it turned out had mixed him up with someone else. Bizarre stuff. My knowledge in this area is limited, but I think an offence has taken place. Would NERA be the best port of call?
 
Yes, because not having your P45 can lead to short term problems...you're stuck on emergency tax which hits you from a cash flow point of view plus you've the hassle of having to chase someone for what should be routine.
 
Tell him to inform the revenue of the difficulties he is having in obtaining his P45.
 
Havealaugh said:
Tell him to inform the revenue of the difficulties he is having in obtaining his P45.
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See that's the thing, if he has to start jumping through hoops because he's unfortunate enough to be messed around can he report the employer? Is it NERA that enforce these obligations? After all it's all well and good saying employers can't do X and Y, but if there's no sanction then what's the point? Even on a basic level, he needed that €2,000 to clear the balance on his credit card...otherwise he'd be hit with hefty charges and interest. Luckily, he just borrowed it from me but what if he couldn't? I'd demand compensation from the employer.
 
I'd say it's a regular enough occurence.

This is what it says on the link I gave you -

If you are not given a P45 when you leave your job you should first ask your employer for it. If the employer does not supply it you should contact your local tax office. Revenue will contact the employer and obtain your P45 for you.
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Also tell him to ring his new employer with his PPS no and new employer no & tell revenue he is now working for them full time. They will then issue a week 1 certificate of tax credits, which should give him more or less the same wages. Any EM tax paid will be repaid to him when he receives his P45.
 
Hi Ya. He can make a complaint with the Rights Commissioner under the payment of wages act 1991. [broken link removed]

See attached. If the link dont open its www.lrc.ie and the form is in the complaint forms
 
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