Labour Court Database __________________________________________________________________________________ File Number: CD9491 Case Number: AD9461 Section / Act: S13(9) Parties: IRISH BISCUITS LIMITED - and - A WORKER;MARINE PORT AND GENERAL WORKERS UNION |
Appeal against Rights Commissioner's Recommendation No. CW299/93.
Recommendation:
Having considered the submissions from the parties, the Court is
satisfied that the Rights Commissioner's recommendation is
reasonable in the circumstances and should be upheld.
The Court, accordingly, rejects the appeal and so decides.
Division: Ms Owens Mr Keogh Mr Rorke
Text of Document__________________________________________________________________
CD9491 APPEAL DECISION NO. AD6194
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
IRISH BISCUITS LIMITED
AND
A WORKER
REPRESENTED BY MARINE PORT AND GENERAL WORKERS UNION
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No.
CW299/93.
BACKGROUND:
2. The Company Field Sales activity is divided into four
geographic regions, each with its own sales team and area
manager. In addition to standard salary, each team can earn
a sales performance bonus. Area Managers can earn a bonus of
#500 each quarter. The worker is sales manager in the
Leinster region. It is the area manager's job to make sure
targets are met. The present sales incentive bonus was
introduced in 1991.
The Union states that the worker did not receive the proper
bonus for the first three-quarters of 1993. The Company
maintains that he received the appropriate bonus for sales
performances in each quarter.
The dispute was referred to the Rights Commissioner and a
hearing took place on 15th November, 1993 and 10th December,
1993. The Rights Commissioner's Recommendation follows:-
"I recommend that the worker accepts that his bonus may
vary and that he has not been unfairly deprived on any
entitlement during 1993".
(The worker was named in the above recommendation).
The recommendation was appealed by the Union to the Labour
Court on 7th February, 1994 under Section 13(9) of the
Industrial Relations Act, 1969. A Labour Court hearing took
place on 12th September, 1994 (the earliest date suitable to
the parties).
UNION'S ARGUMENTS:
3. 1. The worker has been employed with the Company for 35
years. All area managers were paid full bonus in 1992.
There was substantial increases in sales from 1991 to
1994. Sales in the worker's area increased by 17% in
the first quarter of 1994 but the worker received only
#200 of the #500 bonus.
COMPANY'S ARGUMENTS:
4. 1. The quarterly bonus incentive is performance related.
The Leinster area performance was significantly below
the other three areas in 1993, as below:-
% of Target
+------------------------------------------------------------- | Leinster Average of Munster/West/Dublin |
| |
| Quarter 1. 82% 98% |
| Quarter 2. 95% 98% |
| Quarter 3. 93% 98% |
| |
+-------------------------------------------------------------
2. It is accepted by the other area managers that the bonus
is performance related. The worker has been treated the
same as the other area managers.
DECISION:
Having considered the submissions from the parties, the Court is
satisfied that the Rights Commissioner's recommendation is
reasonable in the circumstances and should be upheld.
The Court, accordingly, rejects the appeal and so decides.
~
Signed on behalf of the Labour Court
22nd September, 1994 Evelyn Owens
C.O'N./D.T. ____________
Chairman