ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006109
Parties:
| Complainant | Respondent |
Parties | A Complainant | A Residential Service |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00008425-001 | 28/11/2016 |
Date of Adjudication Hearing: 29/03/2017
Workplace Relations Commission Adjudication Officer: John Walsh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and under Section 7 of the Terms of Employment Information Act, 1994 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.
Background:
The Complainant is employed with the Respondent since the 31st of August 2014. She works as an operations assistant for the Respondent. She alleges that the Respondent failed to comply with a term and condition of her employment in relation to a bonus payment for 2016. She filed a complaint with the workplace relations commission on the 2nd of November 2016. |
Summary of Complainant’s Case:
That she was advised in writing on the 14th of March 2016 that she would receive a performance related bonus in the sum of €850 for reaching her targets. That on the 22nd of November 2016 the Respondent advised her that the organisation was not in a position to pay bonuses to any of its employees. That she contacted the Respondent and expressed her disappointment that this bonus would not be paid despite the fact that a commitment was made to pay it in March 2016. After these discussions, the Respondent decided to pay the bonus to her in full in December 2016. However she was advised by the Respondent via e-mail on the 5th of January 2017 that no bonuses would be paid to any staff in 2017. She did not agree with this decision by the Respondent as she feels that she still has a right to be paid a bonus for 2017. |
Summary of Respondent’s Case:
The Respondent has met its commitment to the Complainant in relation to its obligation to pay its performance related bonus for 2016. It paid this bonus despite the fact that the organisation was under extreme financial pressure but was aware that it made a commitment to the Complainant in March 2016 that she would receive this bonus. However, the Respondent has advised all its staff in writing that the Organisation is not in a position to pay any bonuses for 2017. It has given significant notice of this decision to all of its employees including the Complainant. |
Findings and Conclusions:
The Respondent has met its commitments to pay the Complainant her performance related bonus for 2016. The Respondent has given adequate notice to all its employees including the Complainant that it will not be in a position to pay any bonuses for 2017. |
Decision:
Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint in accordance with Section 7 of the 1994 Act. Based on the evidence presented by both parties, I find that this complaint is not well-founded. The Respondent has met its commitment to pay the Complainant her bonus for 2016. It has also given sufficient notice in writing to the Complainant and all other staff that no bonuses will be paid in 2017. |
Dated: 08 May 2017
Workplace Relations Commission Adjudication Officer: John Walsh