Nandos wins bonus complaint by former employee

The WRC found a former Nandos employee’s complaint over an unpaid bonus not well founded. The decision was dated 22 May 2023. Ciaran Fortune said the bonus scheme’s eligibility terms had not been brought to his attention while he worked through the relevant period. Nandos said employees had to remain in employment and could not be working out their notice to qualify. The adjudication officer criticised Nandos for failing to explain the criteria during the sales campaign. But Fortune had resigned before the bonus was paid, and was told when he gave notice that leaving would cost him any entitlement. The officer found the bonus was not properly payable to him as a former employee. Under the Payment of Wages Act, a bonus can count as wages, but the complaint failed because the payment was not due to Fortune under the scheme.