ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000251
Complaint(s)/Dispute(s) for Resolution:
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-00000290-001 | 19/10/2015 |
Date of Adjudication Hearing: 05/05/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).
Complainant’s Submission and Presentation:
I was led to believe that I would receive a portion of a commission payment payable to the company by DS for a client in the name of BF by Mr. D in June 2015. Subsequently I resigned from employment in July 2015 and I agreed monies that I would be due to be paid on and monies due to the company, which he agreed on by email. This included the above case. When contacting him in early August suggesting we finalise our business, I asked for an up to date spreadsheet of business figures , to show that it was incorrect and I received an email from D Quinn to say he had decided not to accept commission from Davy Select on the case. He advised that he was giving the client the commission and enhancing the investment at my expense and no consultation with me. |
Respondent’s Submission and Presentation:
The Claimant is aware that in this particular case the consent of the client had not been obtained to pay commission and the work was carried out on a fee basis. In this case no commission was paid by the client as he was only interested in one piece of business. The client paid for the work done but no commission was requested. The Claimant has received all outstanding entitlements due.
Decision:
Section 41(4) 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 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Issues for Decision:
Has the Claimant an entitlement to commission in this case?
Legislation involved and requirements of legislation:
Section 6 of the Payment of Wages Act 1991
Decision:
I have considered the submissions of both parties. As the client was not asked to pay commission, then the matter of commission does not arise in this case. I therefore do not find the claim well founded and it fails.
Dated: 13th October 2016