ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002461

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 26/05/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).  

Background

The claimant worked a sales person for the respondent. He was never given a contract of employment until recently which did not reflect his implied terms and conditions of employment. It was submitted that the claimant had an agreement that he would be paid 2% on Site sales and 3% on one off homes sales. It was stated that the respondent have now unilaterally changed this and the claimant’s percentages are much lower. It submitted that the claimant has lost wages of approximately €5000 since his commission was reduced.

When the claimant questioned the pricing system he was threatened with dismissal it was further stated he has received correspondence on the 29^th January 2014 and again on the 15^th January 2016 with further threats. The claimant drives an 8 year old car that needs to be replaced.

Findings

The respondent did not attend.

I find that it is disappointing the respondent did not attend where they would have been afforded the opportunity of putting across their arguments.   I find that based on the evidence as presented the parties should engage in constructive dialogue for the benefit of both parties.

Decision

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.

Based on the uncontested evidence the respondent should

A.  The parties should engage within 2 months from the date of this decision to discuss relevant   matters, including commission and car.

B.  In the event of the respondent failing to engage, then the respondent is to pay the claimant the sum of €5000 as compensation for loss of commission.

Date: 9^th August 2016