INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
(REPRESENTED BY THE LICENSED VINTNERS ASSOCIATION)
- AND -
1. Alleged non-payment of the annual bonus since 1994.
2. The dispute before the Court concerns the alleged non-payment of the annual bonus since 1994 to one worker and the non-payment of Christmas bonus to a second worker. The workers concerned are both long serving members of staff and have been paid a yearly bonus since approximately 1982.
The Union claims that the bonus has been withheld due to the workers participation in the 1994 industrial action involving the Licensed Vintners' Association and MANDATE. Management rejects the Union's claim.
The matter was referred to the Labour Court on 29th March, 1996 under Section 20(1) of the Industrial Relations Act, 1969. The workers agreed to be bound by the Court's recommendation. The Court investigated the dispute on 27th May, 1996.
3. 1. Management's decision to withhold payment of the bonus is in breach of the workers' terms and conditions of employment and the 'no victimisation' clause which formed part of the settlement terms of the 1994 dispute.
2. The workers have given many years of dedicated service to Ballyboden House. In the circumstances management's decision to withhold the bonus is unfair.
4. 1. Management rejects the Union's claim of victimisation in this case.
2. The bonus payment was never part of the workers' remuneration package. It was based on the employer's view of how an employee had performed over any given year. The employer takes the view that on the basis of performance and taking into account the fact that the bonus was performance related, there is no obligation on management's part to pay the bonus.
The Court finds that the payment of an annual bonus to claimant A was part of his conditions of employment. Therefore monies due for 1994 and 1995 should be paid immediately.
Should any matters concerning this claimant's work performance arise they should be dealt with in accordance with the grievance procedure which exists between the parties.
The Court also recommends that claimant (B) should be paid Christmas Bonus in the same manner as other staff members.
Signed on behalf of the Labour Court
19th June, 1996______________________
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.