FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : RTE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal of Rights Commissioner's Recommendation IR 14333/03/GF.
BACKGROUND:
2. The Union's case is as follows:- the worker commenced work for RTE Commercial Enterprise Limited (RTE CEL) as a Sales & Marketing executive on the 30th of July, 2001. RTE CEL is a wholly owned subsidiary of RTE. She had previously been engaged as a temporary receptionist for 3 months. During this period she was encouraged by the RTE CEL Human Resources Executive to apply for a post of Sales & Marketing Executive in RTE CEL. Following a number of interviews she was appointed to the post (in the Interactive unit) with clearly outlined duties. The Commercial Manager offered her a salary of €29,210, which would be paid through the agency Adecco Recruitment (Ireland) Limited. In addition, a further 20% of salary (€5,842) would be paid directly by RTE in quarterly instalments as a bonus. The package was subject to amendment when the worker was to transfer to the RTE payroll in April, 2002. However, when the worker transferred she did not receive any of the instalments associated with the €5,842 lump sum. The worker remained on the €29,210 salary until the 29th of September, 2003, when she transferred to the RTE fortnightly payroll system and her salary increased to €32,723.
The Company's case is that the Commercial Manager was operating outside of his brief when he made the 20% bonus offer to the worker.
The dispute was referred to a Rights Commissioner and his recommendation, issued on the 29th of October, 2003, was as follows:-
Findings and Recommendations
"Based on the evidence to hand it appears the outgoing commercial manager clearly extended his brief, something which in my opinion the claimant cannot be accountable for. I am satisfied with the explanation put forward by the claimant and I recommend she be paid the claimed amount in a full and final settlement of the matter."
The Company appealed the recommendation to the Labour Court on the 18th of November, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 22nd of April, 2004, the earliest date suitable to the parties.
COMPANY'S ARGUMENTS:
3. 1. The matter of a bonus was never discussed or processed through normal human resources procedures. It was explained to the worker that it was not part of a formal arrangement between herself and the Company.
2. The worker's colleagues in Interactive did not receive bonuses and had no bonus arrangement with RTE.
3. In February, 2003, the Company offered the worker a contract covering the period 22nd of December, 2002, to 22nd June, 2003. Her basic salary was raised to €32,723 per annum. There was no specific bonus arrangement set out in the contract.
UNION'S ARGUMENTS:
4. 1. When the worker transferred to the RTE payroll in April, 2002, it was agreed that her salary would increase to €35,560. This commitment was not honoured by RTE.
2. The contract the worker was offered in February, 2003, stated that she was to be employed as a Media Sales Assistant at a salary of €32,723. This was a further breach of the initial offer of employment as a Sales & Marketing Executive at a salary of €35,560.
DECISION:
The Court considered the written and oral submissions of both parties to the Company's appeal of the Right's Commissioner's recommendation.
The Court is satisfied from the evidence presented that the claimant was made an offer in July, 2001, to take up a position in the commercial unit of RTE Interactive on a salary of €35,052. This commitment was made by her employing manager at the time and was confirmed to her in writing in May, 2002 (by which time it had risen to €35,560).
The Company maintains that the commitment given by her manager at the time did not have sanction from the HR Department and sought to reduce the rate to €29,210 (as at July, 2001).
The Rights Commissioner found that while the manager may have extended his brief in offering this salary, that the claimant should not suffer as a result and he recommended payment of the claimed amount, in full and final settlement of the matter.
The Court concurs with the findings and recommendation of the Right's Commissioner, upholds his recommendation and rejects the appeal.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
6th May, 2004______________________
CON/MB.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.