The Labour Court overturned a decision in Niall Thomas’s favour on Bord Gáis Energy Ltd’s appeal, finding that his 2016 bonus was not properly payable under the company’s scheme. The determination was dated 8 November 2017. The Court set aside the Adjudication Officer’s direction that the bonus be paid.
Thomas worked throughout the 2016 review period but left the company in January 2017, before the bonus payment date. He argued that he should receive a pro rata payment, pointing to provisions for employees who retired or began long-term sick leave. Bord Gáis said employees had to remain in work on the payment date and that Thomas knew this condition.
The Court said both sides accepted that employees had to be employed on the payment date to qualify. It relied on the scheme’s eligibility requirements and Thomas’s evidence that he knew of the condition. The Court found he did not qualify, so the bonus was not properly payable and there had been no breach of the Payment of Wages Act.