ivorystraws
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Thanks for the feedback. I do have a solicitor and I did ask her to review this before Christmas so I've followed up with her secretary again today to hopefully get an update by end of next week.It sounds like the HP terms were a lot more restrictive than the language in your case which would appear to give them scope to change the terms at any time and for any reason. It would be best have a solicitor familiar with such matters review them in the context of Irish legislation though.
This pretty much provides that they can move the goalposts however and whenever they see fit. However, just because it’s expressed in writing doesn’t necessarily mean they have the legal freedom to do as they please.In the admin guidelines document, it states that my employer "...reserves the right to revise, suspend, revoke, replace and/or change all or part(s) of the Plan provisions and objectives at any time as necessary in its sole and absolute discretion, to the extent permitted by applicable law, and for any reason, including but not limited to reflect its business requirements and equitable compensation. <Employer> may make such changes without prior communication to Plan participants, and without providing any compensation or replacement to any Plan participants."
Thanks for the feedback. Ultimately, due to the fact that I (and other colleagues) overachieved on my annual target, I should have received a very handsome bonus/commission. However, when they changed the commission/bonus model, they only paid out a fraction of what was owed.This pretty much provides that they can move the goalposts however and whenever they see fit. However, just because it’s expressed in writing doesn’t necessarily mean they have the legal freedom to do as they please.
On the face of it, the move to a “collective responsibility” model seems like a breach of long-established terms and conditions, but the disclaimer you’ve quoted muddies the water, even if it ultimately fails as a defence.
You could consider taking a case to the WRC and leaving it to them to adjudicate. A lot cheaper than engaging a solicitor to conduct open-ended research that may ultimately lead you down the same route anyway.
Would agree that Irish case law is more relevant. If you’re minded to do it, you could yourself examine the extensive case history on the WRC website and save yourself a packet.
All previous decisions are on the WRC website. Will take a bit of digging using keywords etc.Thanks for the feedback. Ultimately, due to the fact that I (and other colleagues) overachieved on my annual target, I should have received a very handsome bonus/commission. However, when they changed the commission/bonus model, they only paid out a fraction of what was owed.
As of the 1st of Jan 2023, it's reverted back to the previous commission/bonus model which is based on individual performance.
What's the best way to research similar cases that have been adjudicated on within the WRC, if I decided to opt to represent myself?
You're right, I'd prefer to hand it over to an experienced HR practitioner to do this as opposed to doing it myself. If you have any recommendations, feel free to PM me.All previous decisions are on the WRC website. Will take a bit of digging using keywords etc.
Many cases are settled more quickly and at less cost using mediation (tick the relevant box on the complaint form if you want) although the outcomes aren’t available on the website.
If you’re not comfortable doing this yourself, there are many experienced HR practitioners who charge a lot less than solicitors/barristers.
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