McAlarney v AIB [2013] NICA 43 (28 January 2013)

McAlarney v AIB [2013] NICA 43 (28 January 2013)

The court held that there was no express contractual provision entitling the employer to unilaterally withhold or vary bonus payments; any such variation required mutual consent or negotiation, and the relevant documents did not support the employer's position.

Citation
[2013] NICA 43
Parties
Claimant: McAlarney; Respondent: AIB
Jurisdiction
Northern Ireland
Judgment Date
28 January 2013
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Bonus Entitlement, Variation of Contract, Unilateral Variation, Employment Terms
Employment Law Contract Law Bonus Entitlement Variation of Contract Unilateral Variation Employment Terms

Case Brief

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Parties

McAlarney

Claimant

AIB

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether the employer had an express contractual right to unilaterally withhold or vary bonus payments under the employment contract

Ratio Decidendi

The court held that there was no express contractual provision entitling the employer to unilaterally withhold or vary bonus payments; any such variation required mutual consent or negotiation, and the relevant documents did not support the employer's position.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.