ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005499
Dispute for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00007706-001 | 19/10/2016 |
Date of Adjudication Hearing: 04/01/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 13 of the Industrial Relations Act, 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background
The Complainant has been employed with the Respondent since September 2006 as a Sales Advisor and was assigned to a position of Section Manager in May 2015 on a Fixed-Term Contract. The Complainant referred a dispute to the Workplace Relations Commission on 19th October 2016 in relation to the payment of Christmas Bonus.
Summary of Complainant’s Position.
Following a Collective Agreement in 2003 Section Managers retained their entitlement to their Bonus calculated at 10% of their Salary. The Company Staff Handbook provides in relation to Section Managers 10% of salary where they have completed one year’s service by 31st December and a pro rata payment in respect of employees who had not completed one years’ service at this level.
The Complainant was paid €1428.42. The Complainant is claiming payment of an additional 1.87 weeks’ pay @ €696.40 a week.
There had been discussions between the Parties seeking to resolve the issue in dispute.
Summary of Respondent’s Position.
The payment of the Christmas Bonus is set out as a matter of policy in the Company’s Conditions of Employment Handbook. Payments for Sales Advisors and Section Managers are different. In relation to Section Managers on Temporary or Fixed-Term Contracts it states as follows – Receive a bonus based on (Sales) Advisor calculation rules based on their Section Manager contract and rate of pay.
The Complainant received a Bonus of €1428.42, in accordance with the guidelines. This is two weeks salary x 37.5 hours x €18.57 being the Complainant’s contract rate of pay as a Section Manager.
Findings
Both Parties confirmed at the Hearing that the Complainant was assigned to a position of Section Manager in May 2015 on a fixed-term contract of employment.
The evidence presented shows that the Guidelines provide in relation to the payment of a Christmas Bonus to those Section Managers appointed on a Fixed-Term Contract as receiving the Christmas Bonus based on their Sales Advisor position being 2 weeks’ pay calculated on the basis of their Contract Rate of Pay which in the Complainant’s case was €18.57 an hour.
I find that the Complainant was paid the Christmas Bonus in accordance with the Guidelines.
Recommendation
I do not recommend in favour of the Complainant.
Rosaleen Glackin
Adjudication Officer
Date:____06 March 2017____