Labour Court Database __________________________________________________________________________________ File Number: CD88597 Case Number: LCR12022 Section / Act: S20(1) Parties: DUNNES STORES CORNELSCOURT LTD. - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim by the Union for a fair distribution of available hours for all part-time staff.
Recommendation:
4. In the absence of representation on behalf of the Company the
Court considered the evidence presented by the Union. The Court
recommends that the Company should now offer to restore their
original working hours of 20 hours per week to each of the
claimants.
Division: Mr Fitzgerald Mr Shiel Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD88597 RECOMMENDATION NO. LCR12022
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DUNNES STORES CORNELSCOURT LTD.
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim by the Union for a fair distribution of available hours
for all part-time staff.
BACKGROUND:
2. The Union claims that part-time staff with more than five
years service have had their hours reduced from twenty per week
to less than eighteen hours per week. Details of nine named
employees whose weekly hours have been reduced have been furnished
to the Court. The Company states that these workers have been
offered their original hours back but the Union denies this, and
claims that newly recruited employees are receiving more hours
per week then permanent part-time workers. 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. The Company indicated in writing
that they would not attend the hearing. A Court hearing took
place on the 5th September, 1988.
UNION'S ARGUMENT:
3. 1. In November, 1987, the Labour Court issued Recommendation
No. LCR11548 which dealt with, amongst other issues, hours of
work of part-time staff. The Court recommended that the
parties should endeavour "to negotiate a fair distribution of
available hours for all part-time staff". Despite the
recommendation, and various meetings between the Company and
the Union, no progress has been made in relation to the
restoration of hours for permanent part-time staff. The
present allocation of hours to the named part-time staff
debars them from obtaining holiday pay in addition to their
drop in income. The Union now requests the Court to
recommend that the Company restore their original hours to
these part-time workers.
RECOMMENDATION:
4. In the absence of representation on behalf of the Company the
Court considered the evidence presented by the Union. The Court
recommends that the Company should now offer to restore their
original working hours of 20 hours per week to each of the
claimants.
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Signed on behalf of the Labour Court
16th September, 1988 Nicholas Fitzgerald
T.O'D./P.W. Deputy Chairman