FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : IARNROD EIREANN - AND - A WORKER DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Mr. Somers |
1. Terms of employment; new roster.
BACKGROUND:
2. The dispute concerns a worker who is employed by the Company as a craftworker. He is based at the Maintenance Depot at Drogheda which was recently opened. This new facility was opened to deal with the maintenance demand arising from the increased level of suburban services which the Company now provides. The worker claimed that he had not received his terms and conditions of employment and that the Company changed his shift roster without agreement. On the 3rd October, 2003 the worker submitted a complaint to the Labour Court under Section 20 (1) of the Industrial Relations Act 1969, and agreed to be bound by the Court's recommendation. A Court hearing was held on the 7th January, 2004.
WORKER'S ARGUMENTS:
3. 1. The Company has now provided the worker with his terms and conditions of employment, and the shift which the Company proposes to introduce on the 10th January, 2004 is acceptable to him. However, he disputes the shift in operation on the basis that it contravenes the terms of the Organisation of Working Time Act, 1997.
COMPANY'S ARGUMENTS:
4. 1. The claimant has been provided with his terms and conditions of employment applicable to the Company's new maintenance facility at Drogheda.
2. The Company negotiated a very practical and workable agreement with the relevant Unions to staff the Drogheda Depot. The Company totally rejects any suggestion of any illegality in relation to the shifts operating at present. The agreement process was in line with best practice and consistent with the procedures provided for in the Organisation of Working Time Act, 1997.
RECOMMENDATION:
The Court heard the oral and written submissions of both parties. The Court notes that the redress sought by the claimant for the claims brought before the Court under Section 20(1) of the Industrial Relations Act, 1969, have since the scheduling of this case, been resolved to the claimant's satisfaction-
The worker received a copy of his terms and conditions of employment on 22nd December, 2003 and the new proposed shift to take effect from 10th January, 2004 is acceptable to him.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th January, 2004______________________
TODDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.