EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
PW235/2015
APPEAL OF:
Glenn Horan
against the recommendation of the Rights Commissioner in the case of:
Fonua Limited Ireland
under
PAYMENT OF WAGES ACT 1991
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. D. MacCarthy S C
Members: Mr. A. O'Mara
Mr N. Dowling
heard this appeal at Dublin on 3rd June 2016
Representation:
Appellant:
The appellant in person
Respondent:
Ms Katie Doyle, IBEC, IR/HR Executive, 84/86 Lower Baggot Street, Dublin 2
Background:
This case came before the Tribunal by way of an appeal by the employee against the decision of the Rights Commissioner Ref: r-149546-pw-14/RG.
It was the claimant’s position that his bonus had been reduced for particular months in 2014 and that this constituted an unlawful deduction from his wages under the Payment of Wages Act 1991.
The claimant told the Tribunal that he had been the subject of regular work performance appraisals and had always come out well in those. Therefore he could not understand why his bonus, which was based on performance/productivity, was reduced at the same time as his appraisals were showing him to be of good performance/productivity.
The respondent told the Tribunal that the bonus scheme was based on team performance and submitted documentation to demonstrate this. The bonus paid to each member of the team, including the appellant, was the same and even though the appellant may perform well as an individual his team may not achieve the standard required to be paid the full bonus. Therefore the amount paid as bonus varied from month to month depending on the team performance.
Determination:
The Tribunal was told that the bonus was a team bonus calculated according to set criteria. The bonus scheme allowed for variable payments depending on the team performance against set criteria. It is not for the Tribunal to assess how these criteria have been met.
Therefore the Tribunal determines that there was not an unlawful deduction from the claimant’s wages and his appeal under the Payment of Wages Act 1991 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)