FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KILLEEN ENGINEERING LTD - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal Of Adjudication Officer Decision No:ADJ-00015243 CA-00019841-001
BACKGROUND:
2. The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 12 September 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
On 6 August 2019 the Adjudication Officer issued the following Recommendation:-
- "That the Respondent pays the Complainant a sum of €975 by way of compensation for not paying the commission due; and that the Respondent pay the Complainant one weeks’ salary by way of compensation amounting to €730 for its failure to provide the Complainant with his Terms and Conditions of Employment in writing”.
DECISION:
This is an appeal by an employee against an Adjudication Officer’s recommendation in a claim under the Industrial Relations Acts. Before the Adjudication Officer he claimed that he was unfairly dismissed; upon his termination of employment he did not receive commission which he claimed was due to him and he was not provided with a contract of employment. The Adjudication Officer held that as he had less than 12 months service, he was not covered under the unfair dismissal legislation and proceeded to find that he was not unfairly dismissed. That finding was not appealed before the Court. The Adjudication Officer accepted the Company’s assertion that his entitlement to commission was circa €975.00 and awarded him the sum of €730.00 for the Company’s failure to provide him with written notification of his terms of employment.
The Claimant was employed as a Business Development Manager from 1st December 2017. He resigned from his employment on 29th March 2018.
The Claimant claimed that he was not paid the commission payment he alleged he was due. He alleged that there were discrepancy’s in relation to the length of installation times and hours involved in some of the jobs, compared to the manufacturing costs of materials, which he alleged maximises the total cost base thereby reducing the profit margin which reduces the amount of commission to be paid. He said that he had completed six orders with a further seven orders placed and 50% of deposits paid on the latter.
The Company disputed the claim that commission was not paid. It stated that the offer of employment made to the Claimant prior to the commencement of his employment specified the terms of commission payment, as follows:
- “Commission New Business (7% ofmarginamount) = €28,000 per annum paid on receipt of invoice payment.”
The Company provided the Claimant with an email dated 20th November 2017, prior to the commencement of his employment setting out many of the details of his employment, which he accepted. The Company stated that it intended to provide him with a copy of a Contract of Employment but by the time he resigned he had not received it. At the WRC, the Company had offered to pay the Claimant a gesture of goodwill.
In all the circumstances of this case, the Court recommends that the Company should pay the Claimant a sum of €2,500.00 which the Claimant should accept in full and final settlement of his claims.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
MK______________________
28 November 2019Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Mary Kehoe, Court Secretary.