A recent decision of the Workplace Relations Commission is a timely reminder that salary arrangements must be clearly documented and consistently applied — even at senior executive level.
The chief executive of a green energy technology company was awarded more than €75,000 after the WRC found he had been unlawfully denied salary during a boardroom dispute.
For employers, the case highlights the risks of relying on informal salary arrangements and assumptions rather than properly documented contractual terms.
The CEO argued that his salary had been agreed in writing at €200,000 per year, with later increases contemplated in a business plan linked to the shareholders’ agreement.
However, while the company was still pre-revenue, he accepted a lower level of pay in practice.
The dispute arose after tensions developed within the business. The CEO claimed that:
The company argued that:
Adjudication Officer Ewa Sobanska found that:
The WRC ordered payment of:
Total award: €75,127.
Where senior staff accept temporary pay reductions to support a business, employers should document:
Absent clear agreement, the original contractual salary may remain enforceable.
Business plans and shareholder documents may provide context, but they are not necessarily binding employment terms.
Contracts and board approvals should clearly set out salary entitlements.
The Payment of Wages Act 1991 applies equally to senior executives and junior employees.
If wages are withheld without legal basis, substantial awards may follow.
Commercial disagreements often overlap with employment rights.
Employers should seek legal advice before:
To reduce risk:
At Ormonde Solicitors, we advise employers and company directors on:
If your business is facing a senior management dispute, early legal advice can help prevent costly litigation.
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Disclaimer: This article is for general information purposes only and does not constitute legal advice.
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