LCR21991

• This matter was referred to an Adjudication Officer for investigation and Recommendation. On 10 April 2018 the Adjudication Officer issued the following Recommendation:-
  
  • " I would like to reiterate the requirement to exhaust the internal appeals mechanisms per the agreed procedures with the Respondent Company and the union. Based on the oral evidence presented to this seems to have been the case on this occasion. However, a paper trail is recommended to be kept to prove this fact going forward prior to a dispute to the WRC. I recommend that the Complainant receive the gross amount of €375 for outstanding bonus. This recommendation does not set precedence for any future disputes."
  The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 21 May 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

DECISION:

This case is an appeal by the Employer of decision ADJ-00007381 of an Adjudication Officer. The issue in dispute between the parties is the Employers decision not to pay the Worker a bonus of €375 for weeks 23/24/25 of 2016. The Adjudication Officer held that the bonus should be paid.

Union’s case

The Employer operates a bonus scheme based on a set amount of time being allocated to complete a particular task. Once the target is met the Worker is entitled to a 35% bonus payment. The Worker was issued with a card for a particular job during the periods in question., The Worker found it very difficult to complete the task within the time allocated. It is the Union’s contention that in those circumstances the Worker is entitled as part of a Union /Employer agreement to ask for a work study to be carried out to ascertain if it is feasible to complete the task in the time allocated. The Worker raised the issue with his Shop Steward and the Union Chairperson who raised the issue of a review with the Employer. It is the Worker’s case that following this a review was carried out and additional time was allocated to the task. It is the Worker’s claim that in those circumstances he was entitled to be paid the bonus for the periods in question.

Employer’s case

It is the Employer’s case that the Worker has carried out this task many times and had completed it within the time allocated. The Union/ Employer agreement requires that any issues relating to the bonus be raised in the first instance through the internal appeal process and that this was not done in this case. The Employer does not dispute that there may have been a meeting with the local Union Chairperson and Shop Steward.

The Employer disputes that they carried out a review on that particular task. It is their position that a new piece of equipment was acquired to replace the existing piece and that the review was carried out on the new piece of equipment which did require a longer time for the task to be completed. While the Employer’s position was that the Worker had previously received bonus payments for that particular task they were not in a position to provide payslips showing that those bonuses had previously been paid.

The Court having read the submissions of the parties and listened carefully to the oral submissions on the day notes that the time allocated to the task in question has been amended to reflect the requirements relating to the new machinery now in place. In those circumstances the Court recommends the payment of €187.50 to the Worker in full and final settlement of his claim.

The Decision of the Adjudication Officer is varied accordingly.

The Court so decides

Signed on behalf of the Labour Court



Louise O'Donnell
TH______________________
20 May 2019Deputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.