• The Wages Protection Act prohibits employers from deducting money from an employee's pay without the employee's written consent. This means that you must get your employee's written consent to deduct the money owed, or pursue the matter as a debt.
  
  
• Some employers include a clause in their employment agreements authorising them to deduct any money owed by an employee from that employee's final pay, but the Wages Protection Act allows an employee to withdraw from this arrangement by giving two weeks notice of withdrawal.
  
  
• There are a number of ways that you can pursue repayment if you cannot get your employee's written agreement to deduct the money from his final pay. One is to apply to the Employment Relations Authority for a compliance order ordering your employee to repay the money owed. Another is to apply for summary judgment against your employee.
  
  
• Traditionally, summary judgment applications were dealt with by the District Court. But, in a case decided a few year ago (Wright v Ocean Towing and Salvage Ltd (AC 75/99), the Employment Relations Authority held that it had jurisdiction to deal with summary judgment applications where the debt arises from an employment agreement.
  
  
• Because the Employment Relations Act provides that the Employment Relations Authority have exclusive jurisdiction to hear and determine any proceedings founded on an employment agreement, it is likely that all summary judgment applications arising from employment agreement must be now filed with the Employment Relations Authority and not the District Court.

(a) With the written consent of a worker; or

(b) On the written request of a worker

(a) Within 2 weeks of receiving that notice, if practicable; and

(b) As soon as is practicable, in every other case,

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