ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013163
A Recruitment Firm
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: 04/07/2018
Workplace Relations Commission Adjudication Officer:Emer O'Shea
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 6 of the Payment of Wages Act , 1991] 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).
Summary of Complainant’s Case:
The claimant was employed as a Recruitment Consultant with the respondent from the 10th.July 2017 to the 3rd.December 2017.
He submitted as follows in his complaint form:
“ In the Offer Letter that I signed at the beginning of my employment with the respondent , it states "You are
also eligible for bonus payments of 1000EUR per candidate you place with our clients throughout this trainee
period". Before I left the company, one of my candidates had accepted an offer from one of the companies
clients and therefore will be starting with them in February. However, my former employer claimed that I would
have to wait until my THIRD placement until I got commission, meaning my first two placements, I would not
receive commission. This is not stated in the Offer Letter that I signed. It does not mention anything about
waiting until the third placement to receive commission”.
In his direct evidence the claimant stated that he got an email from the company congratulating him on the successful recruitment of the forementioned candidate.He submitted copies of his exchanges with the candidate in the lead up to his recruitment.The claimant stated that he was relying upon his offer of appointment letter of the 26th.June 2017 which contained the following provision “Salary/Bonus ….You are also eligible for bonus payments of €1,000 per candidate you place with our clients throughout this trainee period”.
Summary of Respondent’s Case:
The respondent denied any breach of the Act and submitted that the claimant was trying to claim for something that took place some 3 months after he left the employment having worked for 17-18 weeks.He submitted that no contract was issued to the candidate until after the claimant had left the employment and contended that there can often be a delay between the time of acceptance and the actual time of commencing a job.While acknowledging the provisions in the claimant’s contract re bonus payments , the respondent submitted that the claimant had been furnished with an email dated the 10th.July 2017 which specified as follows in relation to resourcing commission :
“As per the schedule set out with you already – for every candidate you place with a client of ours as part of your initial trainig period –
You will receive a flat commission structure of €1,000 after the first 2 deals have been achieved .
This structure is in place for year one until you grow into a Senior Consultant with us as per your personal growth plan”.
Section 41 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.
[Section 6 of the Payment of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.]
I have reviewed the evidence presented at the hearing and noted the conflict between the parties.While I acknowledge the claimant’s assertion that the respondent was not honouring the terms of his letter of offer , I cannot accept that the €1,000 commission are wages properly payable in circumstances where the respondent presented evidence of an email having been sent to the claimant on the 10th. July 2017 which clarified that commission would not apply until after 2 deals have been achieved .Accordingly I find against the claimant and do not uphold the complaint.
Dated: 19th September, 2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea