Cleary & Ors v B&Q Ireland Ltd  IEHC 119Posted In: Case Law
Case ReferenceIEHC 119
Legal BodyHigh Court of Ireland (IEHC)
Type of Claim / JurisdictionContracts of Employment, Pay and Conditions of Employment
The Cleary case came before the High Court by way of an appeal under the Payment of Wages Act 1991. The Appellants were employees of B&Q. They challenged the employer’s retrospective discontinuance of a bonus scheme and the withdrawal of a 'zone allowance' payable to staff at three Dublin outlets in recognition of the higher cost of living in Dublin.
The case is of importance for its consideration of three questions:
- What does the word ‘discretionary’ mean when used in a bonus scheme?
- If a contract permits unilateral variation of the contract by the employer, does that mean that the employer can make a variation with retrospective effect?
- What is an ‘expense’ within the meaning of the
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