ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002381
Complaint 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
A Worker / A Respondent
Date of Adjudication Hearing: 12/05/2016
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
In accordance with Section 41(4) of the Workplace Relations Act, and following the referral of the complaint to me by the Director General, I enquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Complainant was employed from 17th November 2014 until the employment terminated on 20th October 2015. The Complainant was paid an annual salary of €36,000 and she worked 40 hours a week. The Complainant was provided with a written statement of her Terms and Conditions of Employment.
The Complainant referred a complaint to the Workplace Relations Commission on 18th March 2016 alleging the Respondent had breached the Payment of Wages Act, 1991 – 2015. She is claiming payment of Commission of €5,500.00
Summary of Complainant’s Position.
The Complainant stated that her Contract of Employment with the Respondent provides for the payment of 5% Commission on all turnover managed by the Complainant. The Complainant stated that in the summer of 2015 Management had stated that commission would be paid on all managed accounts. She was not paid the Commission as agreed. The Complainant was dismissed form the Company in October 2015. She requested payment of the Commission, bur no payment was made. She sent an email to her former Employer in March 2016. They responded that she was not due any payment.
The Complainant stated that she had managed accounts of €110,000 and therefore was entitled to payment of 5% Commission equal to €5,500.
Following discussion at the Hearing in relation to the accounts she had managed and the revenue she had generated she qualified her complaint in relation to two accounts managed by her. She stated she had generated revenue of €4000.00 in relation to one named account and €50,000 in relation to a second account.
Summary of Respondent’s Position.
The Complainant commenced employment on 17th November 2014 and her employment was terminated on 20th October 2015. The Complainant was provided with a written statement of her terms and conditions of employment. Section 2 of the Contract provides as follows: “The employee shall be paid a bonus of 5% of all turnover exclusive of VAT generated within any contracts for (Company)managed by the employee. These deals to be identified and tracked as introduced by the Employee at the time of introduction by the Employee”
The Respondent stated at the Hearing that the Complainant had not generated any turnover within the contracts she managed.
Following clarification and discussion at the Hearing in relation to the two accounts identified by the Complainant, the Respondent agreed to forward me details in relation to both accounts. These were forwarded to me on 23rd May 2016.
This correspondence shows that the Complainant did not generate any work on one account and the Respondent stated that it was unclear from the documents as to who had generated work to the value of €10,100 on the second account.
On the basis of the evidence I find as follows.
The Complainant was provided with a Contract of Employment which does provide for the payment of a Bonus of 5% on all turnover exclusive of VAT generated within any contracts managed by the Employee. The Contract goes on to state: “These deals to be identified and tracked as introduced by the Employee at the time of introduction”.
The Complainant qualified her claim at the Hearing and amended it to a claim for payment of 5% commission on income generated of €54,000.
The Respondent provided me with the relevant documentation to relation to these two managed accounts. The documentation shows that the Complainant did not generate any work in relation to one named client. The evidence in relation to the second named Client shows that the Complainant may have been the employee who generated work to the value of €10,100.
Section 41(5) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
On the basis of the evidence and my findings above I declare the complaint is well founded in part. I direct the Respondent to pay the Complainant the sum of €505.00 commission within 42 days of the date of this Decision.
Date: 29th July 2016