WRC Awards €17,000 in Unpaid Wages to Dentist After Illegal Wage Deduction
❖ Decision reported 26th of January 2026
What happened
In a decision reported on 26th January 2026, the Workplace Relations Commission awarded €17,000 to a complainant dentist who was not paid wages, commission and fees owed to her by her employer, Capital Care Moate Limited, under the Payment of Wages Act 1991.
The complainant worked as a dentist on a one year contract from May 2023. She claimed she was owed €17,000 in unpaid wages and commission for work performed in August and September 2024, including fees from HSE general medical services (GMS) patients and alignment treatments. Despite repeated requests and communications, the employer failed to pay these amounts when due.
The respondent argued that deductions were justified due to costs the practice incurred and alleged patient dissatisfaction with the complainant’s work, however, it provided no evidence that such complaints existed or that any losses legitimately warranted a deduction from pay.
What the WRC focused on
The Adjudication Officer examined the central legal questions arising under the Payment of Wages Act 1991, including whether the amounts claimed fell within the statutory definition of wages, encompassing base salary, commission and fees, whether any deduction was authorised under the Act and in accordance with the complainant’s contract, whether the employer had complied with the statutory requirements governing lawful deductions and whether the evidence substantiated the respondent’s claim of financial loss arising from alleged negligence.
The WRC reaffirmed that, for the purposes of the Act, wages include all sums payable to an employee in connection with their employment, including commission and fees.
Key legal principles applied
The Adjudication Officer noted that any deduction from wages must be:
- Authorised by the employment contract.
- Fair and reasonable in all the circumstances
- Deductions must be made only after a written notice to the employee specifying the amount and grounds for the deduction at least one week before it occurs.
While the contract included a clause permitting deductions for loss caused by negligence, the respondent did not provide written particulars of any alleged loss or evidence that it had actually incurred such loss. The employer also could not substantiate claims of patient complaints tied to the complainant’s work.
Why the complaint succeeded
The WRC found that:
- The unpaid wages and commission were properly payable to the complainant
- The respondent had no lawful basis for withholding payment under the Payment of Wages Act 1991
- The alleged deductions were not authorised because the employer failed to provide written particulars of any act or omission justifying a deduction
- The employer’s claimed losses were not supported by evidence, and the complainant was never informed or given a chance to respond before deductions were made.
Accordingly, the WRC directed payment of €17,000 to the complainant, representing wages, commission and fees that were withheld.
Key lessons for employers
- Wages include all sums payable, such as salary, commission and fees, non-payment can lead to significant awards.
- Deductions must be authorised by contract and by statute and employers must provide written notice and justification in advance.
- Allegations of employee negligence or loss must be evidenced and communicated clearly before any withholding of pay.
- Employers cannot withhold wages as an indirect disciplinary measure or cost-recovery mechanism without complying with statutory requirements
- Clear, documented payroll procedures and communication reduce the risk of statutory breaches.
If your company requires guidance on wage law compliance, payroll practices or dispute management, we can help you ensure your processes are legally robust and minimise risk.
Contact MSS The HR People at info@mssthehrpeople.ie, Ph 018870690 or visit our website.
