ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003125
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
Date of Adjudication Hearing: 14/11/2016
Workplace Relations Commission Adjudication Officer: John Tierney
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
Contractual bonuses that were due to me in 2009, 2010, 2011 and 2012 continue to be withheld and unpaid. My contractual bonuses for 2013, 2014 and 2015 have been significantly underpaid. The non-payment and underpayment total is €31,538 but wit compound interest this could be up to €35,000. I have spoken verbally and I have sent emails over the years but management just made what seemed like reasonable arguments about finances and wage constraint each time. However, it has only very recently come to my attention that the company had been building up huge amounts of cash and is currently very well off. I lodged a formal complaint with the new HR Director but she refused to pay me my bonuses. In an effort to avoid the WRC I met with the new Director General and made my case. I made it crystal clear that I was happy to negotiate and I offered two other major concessions. She didn't even call another meeting. In a letter she point-blank refused to pay me anything. Thus she has left me no option but to lodge a complaint to the WRC.
Respondent’s Submission and Presentation;
The Claimant has made claims for bonus payments for 2009, 2010 and onwards, under s 6(4) of the Payment of Wages Act 1991 these are statute barred due to time limits.
The Claimant’s contract states that an annual bonus will be payable up to 5% of salary. Therefore any bonus allocated will be in the range of 0 – 5%. His bonus for 2015 was approximately 2% of salary and therefore falls within the range. He has therefore been treated fairly and consistently in relation to his colleagues.
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have considered the submissions of both parties. Prior to 2015 other arrangements were entered into with the agreement of the staff. The Claimant’s contract provides of a bonus payment of up to 5%. Any payment between 0 – 5% therefore implements the terms of his contract. He received a payment of 2% for 2015.
I do not find the claim well founded and it fails.
Dated: 16th December 2016