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WRC rejects sales manager’s discrimination complaint; wages complaint withdrawn

By Eimear Byrne

Workplace Relations Commission ·

The Workplace Relations Commission found that a sales manager had not established discrimination, harassment, victimisation or discriminatory dismissal against a global technology company. The manager’s separate Payment of Wages Act complaint was withdrawn.

In a decision dated 12 June 2017, adjudication officer Eugene Hanly found no medical evidence of disability, no communication of a disability to the company and no request for reasonable accommodation. He also found no evidence of harassment or victimisation, and said the company had treated the dispute over a team member’s performance review as an operational matter. The manager resigned before the disciplinary investigation concluded.

The manager alleged that the company withheld €55,188 in commission after he took parental leave, and that it later disciplined him over his handling of a team member’s pay review. The company said its policy did not provide commission for the leave period and that the disciplinary process concerned his handling of the review. The WRC found the manager’s parental leave was granted and taken, and that he had not established discrimination on family status grounds. The €55,188 was alleged commission, not an award.

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