G Holland Ltd T/A Holland TCS (Represented by Barror & Company Solicitors) v Ms Laura Dennison (Represented by Clarke Jeffers Solicitors)

• Jurisdiction: Ireland
• Judgment Date: 28 February 2020
• Judgment citation (vLex): [2020] 2 JIEC 2808
• Docket Number: FULL RECOMMENDATION DETERMINATION NO.PWD2013 ADJ-00021743 CA-00028463-002
• Date: 2020
• Year: 2020
• Court: Labour Court (Ireland)

PARTIES:

G Holland Ltd T/A Holland TCS (Represented by Barror & Co. Solicitors)

and

Ms Laura Dennison (Represented by Clarke Jeffers Solicitors)

FULL RECOMMENDATION

PW/19/71

DETERMINATION NO.PWD2013

ADJ-00021743 CA-00028463-002

Labour Court

DIVISION:

Chairman: Ms Jenkinson

Employer Member: Mr Marie

Worker Member: Mr Hall

SECTION 7(1), PAYMENT OF WAGES ACT, 1991

SUBJECT:

1 1. Appeal of an Adjudication Officer's Decision No ADJ-00021743 CA-00028463-002.

BACKGROUND:

2 2. This is an appeal of an Adjudication Officer's Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on 11 February 2020. The following is the Court's Determination:

DETERMINATION:

3 This is an appeal by G Holland Limited T/A Holland TCS against the decision of an Adjudication Officer ADJ-00021743, CA-00028463-002 under the Payment of Wages Act, 1991 (the Act) in a claim its former employee Ms Laura Dennison who claimed the sum of €13,885.25 in an unpaid bonus payment The complaint was made pursuant to section 6 of the Act.

4 For ease of reference the parties are given the same designations as they had at first instance. Hence Ms Laura Dennison will be referred to as “the Complainant” and G Holland Limited T/A Holland TCS will be referred to as “the Respondent”.

5 The Adjudication Officer held that the complaint was well founded and order the Respondent to pay the Complainant the sum of €6,000.

6 The Complainant referred her claim under the Act to the Workplace Relations Commission on 16th May 2019.

Background

7 The Respondent is involved in selling and providing safety courses to companies in the private and public sectors, including the construction sector and for public contracts awarded subsequent to successful tender.

8 The Complainant was employed as from 7th June 2016 to 20th November 2018 as a Sales Manager with the Respondent.

Summary of the Complainant's Case

9 The Complainant was represented by Mr Donnchadh Morgan, B.L., instructed by Clarke Jeffers & Co. Solicitors. Mr Morgan submitted that the Adjudication Officer's findings were correct and ought to be upheld. He claimed that the Complainant was owed monies by the Respondent for payment of bonuses due and owing to her for the period from 1st July 2017 to 30th June 2018 which has not been paid to her. This payment, it was argued, was due to be paid in line with the terms of her contract as agreed between the parties at the outset of her...