Worker

Employer

Anonymised Parties

A Worker

A Manufacturing Company

Representatives

Rachel Hartery SIPTU

Robin McKenna IBEC

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00000873

21/11/2022

The Worker is in dispute with the Employer over the distribution of bonus payments.

The Worker objected to a new system introduced in 2021 which entailed him having to upload photo ID and personal details to a third party in order to avail of bonus payments in 2021 and 2022.  The Worker had unsuccessfully pursued a grievance through procedures in relation to this matter.                     It is argued that the Company introduced the new system without consultation or agreement and that other staff were unhappy with the arrangements.  In this case, the Worker had returned the bonus due to the method of payment but now requests the payment of it.  It is to be noted that there is now in place a new system which does not require uploading personal data.

The Company was not responsible for any data requirements involved in accessing the Worker’s bonus payments in 2021 and 2022. The Worker in this case is the only employee who refused to accept the bonuses at the time.  There was a message sent to staff in 2020 that they could access the bonus in a number of ways and one involved supporting local businesses.  In 2021 a One for All option was given involving a chip and pin for security and instructions how to set up an account.       In November 2021 the Worker returned his voucher to Management and wished to have them issued in smaller denominations.  The Company took the view that the rules for accessing were not made by them and that it was not possible to enter into special arrangements for individuals given the large number of employees.  It is submitted that as the payments related to previous tax years this would make the retrospective payment not possible. 

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.   It is acknowledged and accepted that the Employer in this case did not wish to open a ‘Pandora’s box’ by agreeing once off special arrangements with one staff member.  This is especially so, in a situation where others may also have been unhappy with the arrangements.                I note the new system appears to be more satisfactory for all at the present time.  I recommend that to draw the line under this dispute, the Employer should give to the Worker the sum of €1,400 and as acknowledged by both parties, this can be processed through payroll as soon as this recommendation is accepted.