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 legitimate expectation, it was reasonable for the claimant to believe he was acting foreman once the previous foreman retired, as he was undertaking more duties.

The claimant later appealed the Rights Commissioner’s recommendation to the Labour Court and argued at the appeal hearing that he continues to carry out work of Acting Foreman and that this allowance should be restored to him. However, the respondent disagreed with this and stated that the additional duties carried out by the claimant did not justify payment of the Foreman rate.

Having considered the submission of both parties the court found, similarly to the Rights Commissioner, that there is no basis for seeking to recover monies from the claimant. In addition, the court found that “the claimant was, by manager’s Order, regraded to the post of Acting Assistant Foreman” and thus found that the claimant should be remunerated accordingly.
http://www.workplacerelations.ie/en/Cases/2014/February/AD145.html