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CPL executive fails in wage deductions claim

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Director: Ms Cuesta Carpio claimed deductions had been made from her wages

Director: Ms Cuesta Carpio claimed deductions had been made from her wages

Director: Ms Cuesta Carpio claimed deductions had been made from her wages

A high-flying executive whose yearly earnings have topped €275,000 at recruitment company, CPL Resources has failed in an unlawful wage deduction claim against the company.

This follows the Labour Court's dismissal of a claim lodged by Silvana Cuesta Carpio, a director at CPL Resources, against her employer under the Payment of Wages Act.

Ms Cuesta Carpio told the Labour Court that prior to her appointment as director in 2017, she had earned significant commission as a result of her work on one particular client account.

However, she said that some months after her appointment she was assigned to work with clients other than the client where she was earning significant commission.

The Labour Court was told that Ms Cuesta Carpio's overall earnings in 2018 were €278,000; €253,000 in 2017 and €211,000 in 2016.

Ms Cuesta Carpio submitted that she was owed €239,000 as a result of commission deductions made by CPL Resources.

After examining Ms Cuesta Carpio's documents, the Labour Court calculated that her claim for unlawful deductions amounted to €83,740 plus some element of €16,748 and some element of €20,748.

In the court's findings, Chairman Kevin Foley found that the alteration of Ms Cuesta Carpio's commission scheme was provided for in her contract of employment.

As a result, the alteration of Ms Cuesta Carpio's commission scheme could not be considered an unlawful deduction, said Mr Foley.

Irish Independent