FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SW CARTY & SON LIMITED (REPRESENTED BY MANAGEMENT SUPPORT SERVICES (IRELAND) LIMITED - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Dispute relating to the employee not receiving her Terms And Conditions of Employment.
BACKGROUND:
2. The worker was employed by the Company in December, 1978, as an Invoice Clerk Typist. She claims that she requested her terms and conditions of employment in writing from the Company in early 1999. She then made a complaint to the Rights Commissioners' Service under the Terms of Employment (Information) Act, 1994 and an investigation was held on the 28th of June, 1999. Following the hearing the Company issued a Terms and Conditions booklet to the claimant. The Rights Commissioner issued his recommendation on the 7th of October, 1999, as follows:-
"Findings
I believe that the Company has complied with the provisions of the Act.
Recommendation
I decide that the complaint is not well founded."
The worker states that the booklet provided by the Company did not reflect her personal terms and conditions of employment. She referred the issue to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court's recommendation. The Court investigated the dispute on the 27th of March, 2000.
WORKER'S ARGUMENTS:
3. 1. When the claimant was employed in 1978, her terms and conditions of employment were partially written terms and partially verbal terms. The verbal terms are the terms which the claimant has requested in writing. The 28 page booklet provided by the Company bears no resemblance to the worker's agreed terms.
2. The verbal terms of employment agreed with the then Managing Director included an annual pay increase of 10%, or more if the Company could afford it, and full payment of salary while on certified sick leave. These terms were honoured until the Managing Director's retirement in 1992, following which salary increases reduced to 5% in 1993 and further reduced to 0% in 1997.
3. Due to an occupational injury the worker has been absent from work on sick leave since June, 1997. She was paid her full salary for thirteen weeks but the Company then stopped the agreed payment of full salary. The Company dispensed with the worker's services until the day before an Employment Appeals Tribunal hearing for unfair dismissal, when she was re-instated.
4. The claimant has had ongoing problems with the current Managing Director which have not been resolved, largely due to his lack of co-operation and indifference. He has refused to pass on information regarding the worker's entitlements which he received from Friends First two months ago. The lack of information has caused additional stress to the employee.
COMPANY'S ARGUMENTS:
4. 1. Prior to the worker's commencement of employment with the Company she was issued with written terms and conditions of employment dated 13th December, 1978. She acknowledged, signed and returned the letter to the Company. The Managing Director is not aware of any verbal agreed terms.
2. Following the Rights Commissioner's hearing the worker was issued with an up-dated Terms and Conditions document which was viewed by the Rights Commissioner. He then issued his recommendation in favour of the Company.
3. The worker failed to appeal the Rights Commissioner's recommendation to the Employment Appeals Tribunal within the required time frame. She is, therefore, bound by the recommendation.
4. The Company is dealing with a number of outstanding issues relating to the claimant. Legal advice had to be sought which has delayed the Company's response to her.
RECOMMENDATION:
The Court considered the written and oral submissions made by the parties.
It is clear that issues such as a belief that a separate verbal agreement existed between the claimant and the Company in relation to pay and conditions, and the lack of clarity in relation to the Friends First position are major factors affecting the claimant.
However, the Court is satisfied that the worker has been given a copy of her terms and conditions of employment, as required.
The Court notes the Company's commitment to convey the response of Friends First in relation to the claimant, and recommends that this be done within two weeks.
Signed on behalf of the Labour Court
Finbarr Flood
3rd April, 2000______________________
D.G./C.C.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Dympna Greene, Court Secretary.