Labour Court Database __________________________________________________________________________________ File Number: CD88153 Case Number: LCR11809 Section / Act: S67 Parties: TENNANT AND RUTTLE DISTRIBUTION - and - IRISH TRANSPORT AND GENERAL WORKERS' UNION |
Claim, on behalf of one casual worker, for re-employment.
Recommendation:
5. The Court has considered the submissions made by the parties
and, in view of the length of previous service with the Company
and its failure to make clear their dissatisfaction with his work,
recommends that he be re-employed for the next period for which
temporary employment becomes available and that during this period
his performance should monitored and faults, if any, conveyed
directly to the worker concerned.
The Court further recommends that, pending the outcome of his job
performance in the above period of employment, his seniority on
the list of temporary workers be suspended. In the event of the
outcome being satisfactory his seniority on the temporary
employees list should be restored.
Division: Mr O'Connell Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD88153 RECOMMENDATION NO. LCR11809
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: TENNANT AND RUTTLE DISTRIBUTION
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Claim, on behalf of one casual worker, for re-employment.
BACKGROUND:
2. The Company is a distributor and manufacturers agent of
confectionery products. It employs ten permanent warehouse
operatives. These are supplemented by the employment of temporary
warehouse staff during busy periods such as pre Christmas and pre
Easter. The worker concerned was employed in a temporary capacity
for six separate periods between September, 1984 and April, 1987.
He became the most senior of the temporary employees. On each
occasion he received a letter of appointment and a letter of
termination of temporary employment. The letters of termination,
on each occasion stated:
"Thank you for your help and co-operation and, with your
permission, we will hold your application on file for future
reference."
In October, 1987, the Company had a requirement for temporary
workers. This worker was not amongst those employed and he has
not been employed by the Company since then. The Union, on his
behalf, sought a committment that he would be re-employed. The
Company refused to make such a committment. The matter was
referred, on 27th October, 1987, to the conciliation service of
the Labour Court. A conciliation conference held on 7th December,
1987, failed to resolve the issue and it was referred to a full
hearing of the Labour Court. The hearing took place on 6th April,
1988.
UNION'S ARGUMENTS:
3. 1. The Company has previously given a committment that the
shop steward would be advised if a temporary worker gave rise
to dissatisfaction. This has happened in some instances and
the level of performance of temporary workers has been
discussed and improvements sought. It did not happen in this
instance although management now contend that there was
dissatisfaction with this worker for some time. Neither was
the worker spoken to directly about his performance. The two
warehouse supervisors, however, state that they have no
complaint with regard to this worker's performance.
2. The worker was the most senior of the temporary employees
and has been regularly employed on a temporary basis since
1984. Given this situation, the Union considers that he has
been treated in an unreasonable and unacceptable manner. As
the most senior temporary worker, he could reasonably expect
to have been considered for permanent employment. The
majority of current permanent staff were previously employed
by the Company in a temporary capacity.
3. The Union seeks the re-employment of this worker and
compensation for the loss of one pre-Christmas and one
pre-Easter period of employment.
COMPANY'S ARGUMENTS:
4. 1. The Company has, in the past, operated an informal list of
potential temporary employees. This has never prevented the
Company from selecting temporary employees from outside this
list. The usual basis for re-employment of temporary labour
is length of service together with suitability for employment.
The Company considered that this worker was not entirely
satisfactory as a temporary employee and, consistent with its
rights, it did not re-employ him. The Company would normally
re-employ a casual worker whose previous record with the
Company was satisfactory, but it maintains an absolute
discretion not to re-employ without recourse to any
procedures. The Company had considered not re-employing this
worker on previous occasions.
2. The Union's claim is completely unacceptable as the
Company considers that it has no outstanding obligation to
this worker of any kind. The worker was furnished with a
letter of termination on each occasion on finishing a period
of temporary employment with the Company. These letters
stated quite clearly that his employment was terminated and
the only reference to future employment was a statement that
his application would be kept on file for future reference,
with his permission. This did not amount to an offer of
re-employment in the future.
RECOMMENDATION:
5. The Court has considered the submissions made by the parties
and, in view of the length of previous service with the Company
and its failure to make clear their dissatisfaction with his work,
recommends that he be re-employed for the next period for which
temporary employment becomes available and that during this period
his performance should monitored and faults, if any, conveyed
directly to the worker concerned.
The Court further recommends that, pending the outcome of his job
performance in the above period of employment, his seniority on
the list of temporary workers be suspended. In the event of the
outcome being satisfactory his seniority on the temporary
employees list should be restored.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
22nd April, 1988 Deputy Chairman.
A.K./J.C.