Labour Court Database __________________________________________________________________________________ File Number: CD88384 Case Number: AD8833 Section / Act: S13(9) Parties: PENNYS LTD - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Appeal by the Union against Rights Commissioner's recommendation No. BC104/88.
Recommendation:
6. Having considered the submissions by the parties the Court is
of the opinion that the worker concerned should be offered the
earliest vacancy for part time work that arises in the Dun
Laoghaire Store, and that the Rights Commissioner's recommendation
be amended to so provide. The Court so decides.
Division: Mr O'Connell Mr Shiel Mr Walsh
Text of Document__________________________________________________________________
CD88384 APPEAL DECISION NO. AD3388
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: PENNYS Ltd
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
recommendation No. BC104/88.
BACKGROUND:
2. The worker concerned in this case was employed by Penny's Dun
Laoghaire, from May, 1977 to January, 1988. She worked as a
full-time employee i.e. for 37½ hours per week. Due to a change
in her domestic circumstances, she applied to Management for
part-time employment in mid-1987. This request was rejected by
the Company and the worker resigned from her employment in
January, 1988. In February 1988, two other members of staff were
granted part-time employment.
3. When the Union requested the Company to re-employ the worker
concerned in this dispute on a part-time basis, it refused to do
so because of what it alleged was a poor attendance record on her
part. The Union was not satisfied with this response, and
accordingly sought to have the matter investigated by a Rights
Commissioner. This was acceded to by the Company. The Rights
Commissioner issued the following recommendation in the matter:-
"In the light of the above I do not believe the company
acted unreasonably in considering Sandra Lawlor's
attendance record as an impediment to the concession to
her of a transfer from full time to part time work. I
recommend accordingly.
As a rider I would suggest to the Company that in the
light of the domestic circumstances of Sandra to which
reference was made at the investigation, it should not
exclude her from consideration where part time
vacancies are in the future being filled.
I note also the expressed wish of management to furnish
Sandra with a satisfactory reference and I have no
doubt that this reference will be furnished by
Penny's".
On 23rd May, 1988, the Union on behalf of the worker, appealed the
Rights Commissioner's recommendation to the Labour Court. A Court
hearing took place in Dublin on 13th June, 1988.
UNION'S ARGUMENTS:
4. 1. The worker had an excellent attendance record for the
greater part of her period of employment. The drop in her
attendance level was due to difficult domestic circumstances
(details supplied to the Court). These circumstances have
since improved and there is now no reason why the worker
should not be offered part-time employment.
2. The worker dealt very fairly with the Company. Instead
of staying out on indefinite sick leave she informed the
Company of her inability to continue in permanent employment.
The onus is on her former employers to deal as fairly with her
as they did with two other full-time employees to whom
part-time employment was granted.
3. The Court should be aware that the worker is precluded
from drawing any unemployment benefit because of the fact that
she voluntarily resigned her post.
COMPANY'S ARGUMENTS:
5. 1. The store in Dun Laoghaire is closed following a fire.
The principal reason for the refusal to grant part-time
employment to the worker here concerned was that her level of
attendance during her final period of employment with the
Company was unacceptable. Efficient Management of any store
is highly dependent on reliable attendance.
DECISION:
6. Having considered the submissions by the parties the Court is
of the opinion that the worker concerned should be offered the
earliest vacancy for part time work that arises in the Dun
Laoghaire Store, and that the Rights Commissioner's recommendation
be amended to so provide. The Court so decides.
~
Signed on behalf of the Labour Court
John O'Connell
-----------------
28th June, 1988.
P.F./U.S. Deputy Chairman