A Worker v A Charity [2026]
Decision Number: IR - SC - 00004171 Legal Body: Workplace Relations Commission
Published on: 06/10/2026
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Patrick Barrett BL Barrister-at-Law
Patrick Barrett BL Barrister-at-Law
Patrick barrett case reviews

The Bar of Ireland

Orchard Way, Killarney V93Y9W9.
DX: 51010 Killarney 
Tel: (087) 4361270

Patrick's legal education is robust, beginning with a BCL Law Degree from University College Cork (2012-2016), followed by an LL.M in Business Law from the same institution (2016-2017), and culminating in a Barrister-at-Law Degree from The Honorable Society of King’s Inns in Dublin (2019-2021). He has extensive experience on the South-West Circuit, handling Civil, Family, and Criminal Law cases, as well as advising the Citizen Advice Service.  He has worked as an employment consultant, dealing with workplace investigations and bankruptcy procedures.

Complainant:
A Worker
Respondent:
A Charity
Summary

Recovery of an overpayment was permissible, but the employer failed to properly consider hardship.

Background

The Complainant challenged how her former employer, a charity, recovered approximately €8,450 mistakenly paid during periods of leave. She maintained that administrative errors and delayed processing had caused the overpayment and that management failed to follow its recovery policy. Through her union, she argued that the policy contemplated repayments over twelve months, with extensions where substantial hardship arose. She said she had warned management that the proposed monthly deduction of approximately €704 was unaffordable. Nevertheless, after she resigned, the employer withheld her entire final monthly salary of approximately €6,094. She alleged that she received inadequate notice, an insufficient explanation of the errors and no

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/10/2026
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