Labour Court Database __________________________________________________________________________________ File Number: CD93160 Case Number: AD9344 Section / Act: S13(9) Parties: QUINNSWORTH - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal against Rights Commissioner's Recommendation No. ST103/93 concerning the reorganisation of the off-licence operation.
Recommendation:
The Court having considered the views of the parties expressed in
their oral and written submissions finds there are no grounds to
amend the recommendation of the Rights Commissioner.
Accordingly the Court rejects the appeal of the claimant.
The Court so decides.
The Court notes the committment of the Company with regard to
security and safety.
Division: MrMcGrath Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD93160 DECISION NO. AD4493
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: QUINNSWORTH
(TRADING AS POWER SUPERMARKETS LIMITED)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal against Rights Commissioner's Recommendation No.
ST103/93 concerning the reorganisation of the off-licence
operation.
BACKGROUND:
2. 1. The Company employs 100 staff at its store in Douglas,
Cork. As part of the redevelopment of the store, the Company
closed the cigarette and spirits kiosk in the supermarket and
opened an off-licence in a seperate unit within the Douglas
shopping centre. The kiosk had been staffed by two of the
most senior employees.
2. The Company assigned one worker from the kiosk as
Chargehand and other support staff to the off-licence unit
but the second employee from the kiosk remained in the main
store. The Union sought to have this worker assigned to the
off-licence but the Company refused. The matter was referred
to the Rights Commissioner and a hearing took place on the
8th February, 1993. The Rights Commissioner in ST103/93
issued on the 18th February, 1993 recommended:-
"that the claimant accepts the apologies tendered above
by management in relation to the method of implementing
its proper decision under prerogative to manage the
store including its right to designate staff to various
duties from time to time."
The Union appealed this recommendation to the Labour Court on
the 5th March, 1993 and the Court investigated the matter on
the 5th May, 1993 in Cork.
UNION'S ARGUMENTS:
3. 1. The Company violated the worker's conditions of
employment by not consulting with her or seeking her
agreement.
2. The worker had a reasonable expectation, given her
service, that she would move from the kiosk to the
off-licence.
3. The new arrangements have not resulted in any cost
saving.
COMPANY'S ARGUMENTS:
4. 1. All general staff are employed as Sales Assistants and
have a liability to be assigned to any duty and/or
department within the supermarket.
2. The Company's decision to close the kiosk in the
supermarket and open an off-licence in the shopping centre,
does not give the worker an entitlement to be transferred to
the off-licence.
3. Management has the right to decide staffing arrangements
which it decides is best suited to each particular situation.
4. The worker's pay, general conditions and earnings
potential have not been affected in any way by the change.
5. Concession of the Union's demands in this case would set
an unacceptable precedent which would undermine management's
ability to run the supermarket efficiently.
RECOMMENDATION:
The Court having considered the views of the parties expressed in
their oral and written submissions finds there are no grounds to
amend the recommendation of the Rights Commissioner.
Accordingly the Court rejects the appeal of the claimant.
The Court so decides.
The Court notes the committment of the Company with regard to
security and safety.
~
Signed on behalf of the Labour Court
Tom McGrath
17th June, 1993 ____________________________________
P.O.C./J.C.
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.