Labour Court Database __________________________________________________________________________________ File Number: CD89853 Case Number: LCR12857 Section / Act: S20(1) Parties: DUNNES STORES (LETTERKENNY) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the transfer of a worker.
Recommendation:
4. Having considered the submissions made by the Union and in the
absence of any submission by the Company the Court recommends that
the worker concerned be transferred back to clerical/reception
work.
Division: Mr O'Connell Mr Brennan Mr Devine
Text of Document__________________________________________________________________
CD89853 RECOMMENDATION NO. LCR12857
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 20(1)
PARTIES: DUNNES STORES (LETTERKENNY)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the transfer of a worker.
BACKGROUND:
2. The worker concerned has been employed by the Company in a
clerical position since 1978. In 1984 Management proposed that
the worker be transferred from clerical to the wine section.
Following discussions between the Company and Union the worker was
transferred to reception. It was agreed that the position of the
worker would be reviewed after three months; however, the Company
did not contact the Union and the worker retained her position in
reception until 1988. As far as the Union is concerned the
Company was satisfied with the worker's performance of her duties
at reception. She was not the subject of complaints from
Management. In 1988 Management advised the worker that she was
being transferred to the off-licence section for a period of four
to five weeks. She was replaced at reception by another full-time
worker. She reverted to reception and remained there until April,
1989. She was again transferred back to off-licence section and
was replaced at reception by two part-time workers. The Union
subsequently made representations on the workers behalf to have
her transferred back to reception, but the Company would not
reverse its decision. The Union referred the dispute to the
conciliation service of the Labour Court but the Company was
unwilling to attend such a conference. The issue was then
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 was held in Letterkenny on the 7th March,
1990.
UNION'S ARGUMENTS:
3. 1. The present position held by the worker concerned is not
that which she successfully applied for in taking up
employment. Her experience in the clerical section was such
that she imparted her knowledge and know-how to at least eight
members of full-time staff and numerous part-time workers in
training them for positions in the clerical area. The worker
concerned also had years of experience in a clerical capacity
with another Company.
2. There was never any valid reason given for the numerous
transfers of the worker concerned. It is unusual for clerical
personnel to be moved down the shop floor in services or
manufacturing industries. The Union fully accepts that
mobility can take place in drapery, food, footwear departments
etc., but it seems very unfair to request that a worker geared
to a position in clerical work be put back on the shop floor.
3. The worker concerned was happy in her position in the
clerical/reception area. She is now frustrated and greatly
upset at being moved from pillar to post. The Union
acknowledges that the worker has not suffered a loss in wages
as a result of transfers, nevertheless it could be construed
as a loss of status and could have a detrimental effect on her
chances of obtaining a job elsewhere in a clerical position.
The Union is claiming that the worker be restored to her
original position in clerical/reception where she rightly
belongs.
RECOMMENDATION:
4. Having considered the submissions made by the Union and in the
absence of any submission by the Company the Court recommends that
the worker concerned be transferred back to clerical/reception
work.
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Signed on behalf of the Labour Court
John O'Connell
_____________________
3rd April, 1990. Deputy Chairman
T.O'D./J.C.