The Labour Court set aside a €5,098.47 award to Mr Trevor Cotter after Boston Scientific Ltd appealed. In a determination dated 22 July 2019, the Court found the company had not exercised its discretion unfairly or unreasonably when calculating his 2016 bonus.
Mr Cotter argued that the bonus calculation was unfair. Boston Scientific Ltd said its scheme was discretionary and did not guarantee a particular payment. Mr Cotter received €1,699.49; the Court noted this was above the average paid to other engineers at his grade who received a 'Needs improvement' rating.
The Court said the scheme was variable, based on company and individual performance, and not a fixed bonus. It found the bonus reflected Mr Cotter's rating and set aside the Adjudication Officer's award.