A Trade Union v A Worker [2017]

Posted In: Case Law
  • Decision Number
    ILCR Determination No. PTD172
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Pay
Issues covered: Section 17(1), Protection of Employees (Part-Time Work) Act, 2001; Calculation of Bonus; Discrimination; Differential Treatment

This case concerned a claim that the calculation methodology applied to a Christmas bonus payable to staff was changed, resulting in a lesser bonus being paid to part time staff. The respondent asserted that the calculation method applied had not been changed but accepted that it produces lesser outcomes for staff who have worked less than full time hours.

The Court held that the difference in treatment between full-time employees and part-time employees was justified on objective grounds as the respondent accounted for the quantum of hours worked by staff when calculating a bonus which values services delivered to members of the respondent. Accordingly, the Court held that the respondent

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This article is correct at 27/04/2017

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