ADJ-00003533

ADJUDICATION OFFICER DECISION 

Adjudication Decision Reference: ADJ-00003533

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

Date of Adjudication Hearing: 05/12/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell 

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).

Preliminary Issue 

The respondent stated that this claim was not properly before the Adjudicating Officer and there are matters of jurisdiction

A             The claim itself,

B             The Claimant was not an employee at the time the act of payment occurred,

C             The Claimant was not eligible for such a payment,

Background 

There is not in existence a bona fide trade dispute between the worker and the respondent. The claimant was not an employee within the meaning of the Act which occurred 10 months after he leaving the employment.

The claimant had left the employment taking voluntary redundancy on the 31st August 2015 with the respondent. He received an extremely generous severance package to the tune of €180,514.00 prior to his redundancy on the 31st August 2015. The respondent submitted that the claimant signed a severance agreement in settlement of the termination of his employment. It was submitted that eligibility for payment of a short-term incentive bonus was raised and became an issue for the claimant. The respondent was clear on their position with regard to the eligibility for such payment, which was determined by virtue of the employee being employed in the business at the date of payment. It was submitted the explicit conditions precedent to the payment of the short-term incentive scheme bonus communicated to all in 2013 were that “voluntary leavers must now be employed on the date of payout to be eligible for short-term incentive(bonus)”. The claimant was not in employment on the date of payout, March 2016, the eligible date and he was clearly not eligible for pro rata payment.

The union for their part submitted previous employee were paid this bonus pro rata when they voluntary left their employment with the respondent. The Bonus ranges between €5000 and €7000 approximately per annum. The union is seeking that the claimant should be paid his bonus pro rata basis.

Findings 

The complaint was received by the service on the 10th June 2016.

I find that the claimant received his voluntary severance settlement on the 31st August 2015. I find the bonus incentive was paid in March 2016. I find the complaint was not lodged with the service until the 10th June 2016. I find that the claimant had been a retired worker for a period of 10 months. Before the complaint was lodged

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.

I find that the claimant was not a worker within the meaning of the Act I have no jurisdiction to hear it. 

Dated:   24 April 2017