The claimant is employed by the council, where in 2010 he was appointed the post of Acting Foreman and this was extended in 2011 for a further 12 months. He received an additional allowance for this. The claimant received a letter stating that due to an administrative error he was overpaid and should have been paid the Acting Assistant Foreman’s rate for this period. A subsequent audit disclosed that a mistake had been made and the employer sought to recover the overpayment made to the employee during this time.

This matter was referred to the Rights Commissioner, who recommended that the employee is not required to reimburse any of the overpayment. The Rights Commissioner stated that, due to a