Labour Court Database __________________________________________________________________________________ File Number: CD88598 Case Number: LCR12019 Section / Act: S20(1) Parties: DUNNES STORES LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Dispute concerning participation in stock-taking during overtime hours involving two employees.
Recommendation:
5. It is a matter for regret that the Company did not see fit to
attend the Court hearing. On the basis of the evidence presented
the Court recommends that the Company, in assigning overtime to
employees, should have regard to their personal circumstances
insofar as availability for overtime working is concerned and to
their wishes in the matter of working overtime. The Court also
recommends that employees should not unreasonably refuse to accede
to requests for overtime working.
Division: Mr Fitzgerald Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88598 RECOMMENDATION NO. LCR12019
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DUNNES STORES LIMITED
CORNELSCOURT
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Dispute concerning participation in stock-taking during
overtime hours involving two employees.
BACKGROUND:
2. The Company undertakes stock-taking four times a year and
until recently it was done on a voluntary basis by staff after
working hours. Two years ago the Company changed the conditions
of employment for new employees and the new contract of employment
for these workers includes a clause, stipulating that employees
would agree to participate in stock-taking as and when required to
do so by the Company. This clause was not included in the
contracts of longer serving employees. Recently the Company
advised two long serving employees in writing that, should they
fail to participate in the next stock take, disciplinary action
would be taken against them. The Union has rejected the Company's
statement on the grounds that the new contract does not apply to
employees with long service. As no agreement was reached in
discussions at local level the dispute was referred by the Union
to the Labour Court, under Section 20(1) of the Industrial
Relations Act 1969, for investigation and recommendation on the
27th July, 1988. The Company indicated in writing on the 26th
August, 1988, that they would not attend the hearing. A Court
hearing took place on the 5th September, 1988.
UNION'S ARGUMENTS:
3. 1. Until recently stock-taking after normal working hours
was operated on a voluntary basis for all the Company's
employees. The new contract of employment which was
introduced by he Company, does not apply to the two employees
who have thirteen and fourteen years service respectively.
The Union recognises the Company's requirement to carry out
stock-taking and the work has never been hindered by some
staff exercising their right not to participate in it when it
takes place outside normal working hours. The Company has a
large pool of casual, temporary and part-time staff to call
upon if full-time staff are not available.
2. Both employees are willing to participate in stock-taking
and have previously done so during normal working hours. The
two employees concerned have commitments outside working
hours and the Company is aware of this. The employees have
never worked overtime nor have they previously been requested
to do so, and the Union feels that the Company is being
vindictive in its attitude to these two workers.
RECOMMENDATION:
5. It is a matter for regret that the Company did not see fit to
attend the Court hearing. On the basis of the evidence presented
the Court recommends that the Company, in assigning overtime to
employees, should have regard to their personal circumstances
insofar as availability for overtime working is concerned and to
their wishes in the matter of working overtime. The Court also
recommends that employees should not unreasonably refuse to accede
to requests for overtime working.
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Signed on behalf of the Labour Court
15th September, 1988 Nicholas Fitzgerald
T.O'D./P.W. Deputy Chairman