ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004861

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-00006923-001	11/09/2016

Date of Adjudication Hearing: 31/01/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or Section 6 of the Payment of Wages Act, 1991 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 worked for Respondent from May 2014. There company financial year runs from March to March each year; on which contractual bonus are payed. I worked a full contractual year for Respondent in 2015, based in a West Dublin shopping centre; I was fully on target for the above. Their financial year for 2015 ended in March of 2016. All through this financial year the company we’re very pleased with my contribution, which exceeded their expectations. My contract states 10% bonus which equates to 4,300 euro. I was approached by another company for a new role, and when I enquired about my bonus whilst handing in my notice in writing, I was verbally told that there was no issue with receiving it from the Key Accounts Manager Mr.X. I asked to receive this in writing at the time but was assured there was no need. I gave my notice in April 2016 and provided the 1 months notice required in my contract. It has taken me nearly 2 months to receive a formal letter from Respondent, to state that they will not be paying my bonus on grounds that I no longer work there (verbally received on the over the phone) and in writing on the 1st of July after a long series of emails, dating over 2 months. I have received confirmation for a colleague that has also left that his bonus was received; and all other parties on site received theirs. I would also like to query the payment of 15-minute payed break, which is not received by staff on site. Respondents are a catering company that operate in a retail environment in West Dublin shopping centre & 30 minute breaks are received, but 15minutes of this is not paid. I believe there is legalization to state it should be? I am also if the understanding that anyone who works in a retail environment should receive 1-hour break over the working day?

Respondent’s Submission and Presentation:

The Complainant ended her employment with the Respondent on the 22^nd April 2016.

Bonus Payments were made on the 27^th May 2016.

The Complainant was no longer an employee and was not paid a Bonus - this being in keeping with standard practice.

Decision:

Section 41(4) of the Workplace Relations Act 2015 and or Section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Issues for Decision:

Was the Complainant eligible for a Bonus Payment?

Legislation involved and requirements of legislation:

The Payment of Wages Act, 1991

Decision:

The relevant extract from Section 1 “Interpretation” of the Payment of Wages Act, 1991 is quoted below.

— (1) In this Act—

“ 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:

In the case in hand the evidence presented indicated that the Financial Year on which bonus was determined was April 2015 to March 2016. The Complainant was employed during this period. Her Contract of Employment provided for a Bonus payment. There was no solid evidence presented to the Hearing to indicate any provision in the Bonus Scheme that would make the Complainant ineligible even if she had left the employment shortly after this financial year ended.

Evidence was given by Respondent Managers and subject to cross examination by the Complainant. It was clear that the Respondent had noted the Complainant’s departure to an other employer but no evidence was presented of any good reason why the Bonus should not be paid.

There is considerable legal precedent in this area. I refer to Meenan, Employment Law (First Edition) (includes supplement up to date to November 2015) Chapter 9 as an authoritative source.

Accordingly under the provisions of Section 6 of the Act I direct that the Bonus Amount of € 4,000 be paid, as soon as possible, to the Complainant. This figure being the amount referred to by the parties at the oral Hearing.

Dated: 02/05/2017