ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016228
| Complainant | Respondent |
Anonymised Parties | Project Manager | A Hospital |
Complaint(s):
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-00020040-001 | 26/06/2018 |
Date of Adjudication Hearing: 04/10/2018
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991, and has submitted that the Respondent in the circumstances of this case had not paid a performance related pay as per the contract of employment (CA-00020040-001) |
Summary of Complainant’s Case:
The Complainant was employed as a IT Project manager under a fixed term contact for one year from the 3rd January 2017 until the 31st December 2017 with the Respondent to deliver a project, namely a fully integrated electronic health record system. The Complainants contract of employment, inter alia, provided for a performance bonus of €3,000.00. The payment of this bonus was to be determined based on the successful implementation of the electronic health record system. Ultimately, the said project was released and implemented. |
Summary of Respondent’s Case:
The Respondent indicated by letter dated the 4th October 2018 that the Respondent accepted that the claim entered by the Complainant under the Payment of Wages Act is well founded and accordingly the Respondent concedes the claim. Further, the Respondent indicated that they were unable to attend the adjudication hearing but would act upon the decision herein without delay. |
Findings and Conclusions:
Following the acknowledgement by the Respondent that the Complainants claim is well founded, the Complainant is entitled to the performance related pay as per the contract of employment. |
Decision:
Section 41 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 find that the Complaint (CA00020040-001) made pursuant to Section 6 of the Payment of Wages Act, 1991, is well founded and order the Respondent to pay the Complainant €3,000.00 in consideration of the performance related pay as per the contract of employment. |
Dated: 13th December 2018
Workplace Relations Commission Adjudication Officer: Michael Ramsey