ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005906

Complaint for Resolution:

Date of Adjudication Hearing: 25/01/2017

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Complainant’s Submission and Presentation:

The complainant was employed by the respondent on May 11^th 2015. He was made redundant on April 28^th 2016.

As part of the discussions on his redundancy on March 14^th 2016 he says he was given a commitment by the respondent that any commission arising form the closure of sales on properties he had negotiated prior to his departure would be paid to him.

He emailed a list of the properties in question to two senior managers in the firm but received no payment for the first month after his departure.

He called to the firm to be told that it was not then in a position to pay him. He subsequently had correspondence with the respondent on April 28^th and May 4^th but to no avail. He made some follow up telephone calls to the respondent but also without success.

He claims an amount of €12,422.81 is outstanding and due to him.

Respondent’s Submission and Presentation:

The respondent did not attend the hearing and provided no explanation for its failure to do so. I am satisfied that it was properly on notice of the hearing

Finding and Conclusions

This is a complaint under section 6 of the Payment of Wages Act 1991.

The Act defines wages as

wages”, in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including—

(a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and

(b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:

Section 1, Payment of Wages Act 1991

So it is clear that the monies owed to the complainant are covered by the Act.

The complainant submitted in evidence the email sent to him by the Operations Manager of the respondent on March 14^th in which the following appears;

‘You will be paid expenses and for the properties that are already closed. When the other properties close, you will be paid for those also.

In the first instance the respondent has broken this written commitment to its former employee.

In any event, his complaint is well founded under the Payment of Wages Act and I find in favour of the complainant.

Decision:

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

I uphold complaint CA-00007829-001 and award the complainant €12,422.81 in unpaid commission. ­­

Dated:   09/03/2017