New Cityview Press Ltd v Breslin

• Jurisdiction: Ireland
• Judgment Date: 03 March 2004
• Judgment citation (vLex): [2004] 3 JIEC 0301
• Date: 03 March 2004
• Court: Employment Appeal Tribunal (Ireland)

Employment Appeals Tribunal

EAT: New Cityview Press Ltd. v Breslin

Representation:

Appellant(s):

Mr. Michael English, Legal Advisor, Das Group, 12 Duke Lane, Dublin 2

Respondent(s):

In person

Abstract:

EAT - Employment law - Payment of Wages - Entitlement to bonus - Appeal against recommendation of Rights Commissioner - Payment of Wages Act 1991

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

PW55/2003

APPEAL(S) OF:

New Cityview Press Limited, 103a Barrow Road, Dublin

Industrial Estate, Glasnevin, Dublin 11

against the recommendation of the Rights Commissioner in the case of

Noel Breslin, 95 Pinebrook Drive, Artane, Dublin 5

under

PAYMENT OF WAGES ACT, 1991

I certify that the Tribunal

(Division of Tribunal)

Chairman: Mr. T. Halpin

Members:

Mr. C. Ormond

Mr. B. Byrne

heard this appeal at Dublin on 19th February 2004

Facts This was an appeal by an employer from the recommendation of the Rights Commissioner under the Payment of Wages Act 1991 relating to an employee's bonus entitlements. The Rights Commissioner assessed a figure of €3,000 in respect of the bonus. The employer claimed that Mr. Breslin had not met his targets.

Held by the EAT in upholding the decision of the Rights Commissioner in assessing a figure of €3,000 in respect of the bonus that the Rights Commissioner in doing justice between the parties assessed a figure in respect of the bonus that was a fair, reasonable and just approach to resolving the issues between the parties.

The decision of the Tribunal was as follows: -

1 This case comes before the Tribunal by way of an employer appealing a recommendation of the

2 Rights Commissioner (ref: PW13637103/PW).

3 The appellant in this case is the employer and the respondent is the employee.

Claimant's came:

4 The Tribunal heard evidence from the financial director of the company. The witness gave an account of how the respondent bad gained employment with the company. The company required a new senior sales representative and approached an employment agency to find suitable candidates. An interview was set up with the respondent, the witness and a second director of the company in October 2001. The witness explained that at this interview, the respondent gave an account of his previous employment history. In discussions the respondent was asked what he believed his sales potential would be. A target of £200,000 (Eur254,000) was discussed as a minimum base sales turnover for...