Labour Court Database __________________________________________________________________________________ File Number: CD8966 Case Number: LCR12291 Section / Act: S20(1) Parties: DUNNES STORES BRAY LIMITED - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claim for the restoration of hours of work previously enjoyed by three part-time employees.
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 restore the original
working hours and not subsequently change them without prior
notification and agreement.
Division: CHAIRMAN Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD8966 RECOMMENDATION NO. LCR12291
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DUNNES STORES BRAY LIMITED
and
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claim for the restoration of hours of work previously enjoyed
by three part-time employees.
BACKGROUND:
2. The Company employs ten full-time and approximately forty five
part-time workers at this branch. The Union claim is that the
Company has reduced without consultation or agreement the hours of
work of the following three permanent part-time employees as
follows:
Worker A Reduced from 20 hours to 14 hours
Worker B " " 20 " " 13.50 "
Worker C " " 25 " " 20 "
Local discussions failed to resolve the issue and the matter was
referred to the Labour court by the Union under Section 20(1) of
the Industrial Relations Act, 1969. The Company declined to
attend. A Court hearing took place on the 21st February, 1989.
UNION'S ARGUMENTS:
3. 1. The Company's action has deprived the workers concerned of
their entitlements under the various Acts i.e. Redundancy,
Unfair Dismissal etc. The Union requested the Company to
restore to the workers concerned their original hours of work
and compensate them for loss of income. The Company recently
recruited part-time workers who are now being given hours in
excess of those being worked by permanent part-time staff.
The hours of work of part-time staff should not be reduced
without consultation and agreement with the Union. The
Company has also rejected the Union's request for an agreed
grievance procedure.
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 restore the original
working hours and not subsequently change them without prior
notification and agreement.
~
Signed on behalf of the Labour Court
John M. Horgan
________________________
27th February, 1989 Chairman
T.O'D./J.C.