FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : POST MASTER LIMITED (REPRESENTED BY P.D. GARDINER & CO. SOLICITORS - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Dispute Relating To Pay And Hours Worked
BACKGROUND:
2. Post Master Limited purchased the shop and Post Office premises known as M.J. on the 6th of March, 2000. The premises is located in Trim County Meath.
The worker concerned commenced employment with Post Master Limited as a shop assistant on the 7th of March, 2000 following its purchase of the business. She had been employed by the previous owner since September, 1999. Her hours of employment were 9.30 am to 2.30 pm Monday to Friday. Her employment ceased in early April , 2000. The worker claimed that she had been unfairly treated and referred a complaint to the Labour Court on the 18th of May, 2000 under Section 20(1) of the Industrial Relations Act, 1969. She claims that she was left with no option but to resign following management's decision to change her hours of attendance. Management rejects the claim. It states that the worker was offered alternative hours of employment. The new hours were not acceptable to the worker and she resigned from her position. A Labour Court hearing took place in Navan on the 25th of July, 2000. The worker agreed to be bound by the Court's recommendation.
WORKERS ARGUMENTS:
3. 1. At the time of the take over management informed all staff that their employment would be retained and that the same terms and conditions would apply. There was no break in the worker's employment.
2. The worker is concerned that management proposed reducing her hours of attendance soon after she raised the subject of the new minimum wage which was due to take effect from the 1st of April, 2000.
3. It is the worker's understanding that management has employed other workers to work the hours previously worked by her.
4. The worker has been unable to find new employment and has suffered both financially and due to the loss of her job which suited her domestic situation ideally.
COMPANY'S ARGUMENTS:
4. 1. Prior to the purchase of the premises by Post Master Limited, all staff were made redundant by the previous owner.
2. Post Master Limited employed the worker concerned when it purchased the premises. She had been working five mornings per week on the roster used by the previous owner. After considering staffing arrangements for a number of weeks, management made a decision to reduce the number of staff working mornings as the premises was overmanned.
3. The worker had the least experience and she was informed that she would no longer be able to work five mornings. She was offered equivalent hours at different times of the day and management indicated that she would get more morning work if it became available. The worker informed management that this was not acceptable and terminated her employment.
RECOMMENDATION:
Having considered the submissions of the parties, the Court accepts that the decision of the employer to reduce the number of staff required for morning duties was necessary in order to meet the genuine needs of the business. In these circumstances the claimant's inability to work other than on mornings, made it necessary for her to terminate her employment.
Taking all factors into account the Court recommends that the employer should offer and the claimant should accept an ex-gratia severance payment of £150 in full and final settlement of her claim.
Signed on behalf of the Labour Court
Kevin Duffy
8th August, 2000
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FB/SH
Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Fran Brennan, Court Secretary.