Complainant

Respondent

Parties

Jamie  Behan

Kohinoor Beauty & Wellness

Complainant

Respondent

Anonymised Parties

{text}

{text}

Representatives

Nora Cashe Peninsula Group Limited

Act

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

CA-00061513-001

12/02/2024

Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022

CA-00061513-002

12/02/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00061513-003

12/02/2024

The Complainant alleges that he is owed annual leave, sick leave and commission. The Respondent is only contesting the claim for commission.

Jamie Behan took the affirmation and gave his evidence as follows:

In December 2023 the Complainant received only €792.00. Unfortunately, his payslip didn’t have the breakdown of his payments, so he isn’t sure how that figure is made up.  In addition to the € 792.00 he should have got 3 days sick pay, 6 days annual leave six and commission.

On the 15th August 2023 the Complainant proposed a new payment scheme which involved a commission. On the 22nd August 2023 the Respondent wrote to the Complainant stating “ I have attached your figures and commission structure below with price increase and percentages. Have a look over it and we can schedule to meet later in the week if you like….”  Then on the 5th September he received correspondence from the Respondent stating “Please find written confirmation of changes to your wages starting on September 1st 2023. An increase of 5% commission on every brow and lash treatment that is performed by you alone at Kohinoor Beauty & Wellness 8’Dolier Street, Dublin 2. On increase of your wages, photographs of your before and after work must be submitted to your manager for social media use, as well as posting your own before and after pictures on Kohineer beauty & Wellness Social media page “. By the time he left he should have received €317.00 commission. He received an email from Sarah Lynam, General Manager setting out the commission he was due to be paid. He was never paid.

The 3 sick days amounting to €252.00.  The Respondent conceded this claim. 

The annual leave 6 days amounts to € 840.00. The Respondent conceded this claim.

.

Nav Singh – took the affirmation and gave his evidence as follows:

The only part of the Complainant’s evidence that is in dispute is his commission claim. The sick pay and the annual leave are conceded.

The business was suffering so nobody was paid commissions. Commission was agreed with Jamie Behan and it was based on his performance. It was his idea. He said he would perform better, he would create some revenue for the business and he would do some social media for the business. However, he did not perform, and he did not increase his revenue. He never did any social media for the business either. On that basis he was not paid the commission. The amount of commission that was agreed with Sarah Lynam was not contractual. It was just a bonus. It was discretionary based on the performance of the business as a whole.  The figure of 5% was agreed but it never formed part of his contractual terms. Nobody received this commission.

CA 61513 – 001 The Complainant stated that he was due to be paid for annual leave amounting to    € 840.00. That complaint was not contested by the Respondent. He also stated that he is due three days worked in December, 1st, 28th and 29th amounting to €360.00. That claim is also conceded. He is also due 3 certified sick leave days amounting to € 252.00. That claim is also conceded.

The claim in relation to commission is contested. The Respondent stated that the commission structure was not a contractual term, and it was discretionary based on his performance. He did not perform well, and he did not post social media posts as agreed by the parties in their letter exchanges 15.08.23, 22.08.23 and 05.09.23.  The Complainant states that the commission structure was agreed, and he did perform well and he did honour his side of the social media agreement however all of his posts were deleted when he left.

I am satisfied, based on the correspondence between the parties as set out in the evidence, that there was an agreement between the parties in relation to the Complainant’s commission structure. I prefer the Complainant’s evidence in relation to performance and social media obligations. On that basis I find that the complaint is well founded, and I award the sum of €317.00 in relation to commission due to him. 

CA-00061513-001 The complaint is well founded. I award the complainant € 317.00

CA-00061513-002 The complaint is well founded. I award the Complainant €252.00

CA-00061513-003 The complaint is well founded. I award the Complainant €1200.00

Holiday pay. Sick pay. Commission. Written agreement. Contractual terms.