A man employed by an insurance broker who complained about unpaid bonuses has been awarded over €60,000 by the Workplace Relations Commission (WRC).
Thomas Doyle made a complaint against insurance broker company XS Direct Insurance Brokers Limited, which, at the time of the decision by the WRC, was in receivership.
Mr Doyle made his complaint to the WRC on November 15th, 2021, relating to his entitlement to annual bonuses, through reaching two sets of targets during 2019 and 2020, which were not paid to him. Each annual bonus was worth €22,155.
Mr Doyle said that the respondent, XS Direct Insurance Ltd, told him that he would be paid these bonuses but received neither. The complainant said that his employer had argued that the non-payment was due to the pandemic.
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Mr Doyle attended the hearing at the WRC but there was no appearance by, or on behalf of the respondent, or the receivers.
In his decision published on Tuesday, adjudicating officer Kevin Baneham agreed that Mr Doyle’s complaint was “well-founded” and awarded him, under section 6 of the Payment of Wages Act, 1991, €60,926.
‘Salary reduction’
Mr Baneham said: “I ensured that the parties were on notice of the time, date and venue of the hearing. I waited some time to accommodate a late arrival.
“The complainant [Mr Doyle] outlined that the salary reduction was forced upon him and the staff. He told the respondent that he did not accept the reduced pay but the respondent did not give him a choice. The complainant outlined that the respondent reduced his salary by €16,616.34 and these monies were properly payable to him.
“The complainant outlined that he spoke to the respondent director about this every few months and was assured that the full wages would be paid to him. It was only later that the complainant was told he would not be paid his wages. The monies, however, were never paid. The respondent outlined to the complainant and the other staff that it would review the pay cut and non-payment of the bonuses as these were temporary measures related to the pandemic.
“I decide that the complaint pursuant to the Payment of Wages Act is well-founded and the respondent shall pay to the complainant compensation of €60,926.”
