Labour Court Database __________________________________________________________________________________ File Number: CD95424 Case Number: AD9565 Section / Act: S13(9) Parties: GREAT SOUTHERN HOTEL (GALWAY) (THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal against Rights Commissioner's Recommendation No. CW 111/95 concerning a dispute regarding the rostering of a worker.
Recommendation:
Having considered the submissions from the parties, the Court
decides that the Rights Commissioner's recommendation should be
amended in that the proposed roster should commence at 8 a.m. or
8.30 a.m. as required. In all other respects the recommendation
is upheld.
The Court so decides.
Division: Ms Owens Mr Keogh Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD95424 APPEAL DECISION NO. AD6595
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
GREAT SOUTHERN HOTEL (GALWAY)
(REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS CONFEDERATION)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
Appeal against Rights Commissioner's Recommendation No. CW
111/95 concerning a dispute regarding the rostering of a
worker.
BACKGROUND:
The worker concerned is employed by the Great Southern hotel
as a waiter, operating a 5 over 7 day working week. His
daily hours are based on a split shift attendance commencing
at 11.00/11.30 a.m. and finishing at 10.30 p.m. He has
approximately 25 years service.
Management has proposed to change the worker's roster to
provide for a 7.30/8.30 a.m. start. The management's
proposals are unacceptable to the worker. The matter was
referred to a Rights Commissioner for investigation and
recommendation. The Rights Commissioner's finding and
recommendation are as follows:-
FINDINGS:
The worker has established his present roster by custom and
practice over many years, except for some periods when he
accepted an earlier start by agreement. I can understand
that the Hotel wishes all members of staff to be equally
flexible. The proposed change may have a significant effect
on the worker's pattern of work. I believe that it is
reasonable in a service industry such as the Hotel for
changes to take place from time to time. However in such a
significant change I consider that some compensation for
agreeing to it is merited.
*RECOMMENDATION:
I recommend that the Hotel offers and the worker accepts
#1,500 in consideration for accepting the proposed roster.
The worker was named in the recommendation.
The Rights Commissioner's recommendation was appealed by the
Union to the Labour Court on 19th July, 1995 under Section
13(9) of the Industrial Relations Act, 1969. A Labour Court
hearing took place in Galway on 13th September, 1995.
UNION'S ARGUMENTS:
1. The worker has operated his present roster since 1987.
Management's proposals would extend his working day by 3 1/2
hours and cause considerable hardship. The worker travels 25
miles to work.
2. The Union is prepared to enter into negotiations with
management with a view to establishing a roster which would
not cause such inconvenience to the worker and which would
meet the needs of the Hotel.
HOTEL'S ARGUMENTS:
1. Other workers in similar employment within the Hotel operate
flexibly in relation to rosters. Flexibility of all staff is
necessary for the efficient use of the Hotel's resources.
2. The Rights Commissioner in his recommendation, recognised
that the Hotel's proposal was fair in the circumstances.
DECISION:
Having considered the submissions from the parties, the Court
decides that the Rights Commissioner's recommendation should be
amended in that the proposed roster should commence at 8 a.m. or
8.30 a.m. as required. In all other respects the recommendation
is upheld.
The Court so decides.
~
Signed on behalf of the Labour
25th September, 1995 Evelyn Owens
F.B./A.K. ____________
Chairman