AD0915

FULL RECOMMENDATION

CD/08/651

APPEAL DECISIONNO.AD0915

(r-063771-ir-08/EH)

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

FEDERAL SECURITY SOLUTIONS
(REPRESENTED BY MSS SERVICES (IRELAND) LTD)

- AND -

A WORKER
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)

DIVISION :

Chairman: Mr Duffy
Employer Member: Mr Grier
Worker Member: Mr O'Neill

SUBJECT:
1. Appeal of Rights Commissioner's Recommendation R-063771-IR-08/EH.

BACKGROUND:

2. The Worker has been an employee of Federal Security since 2004. He was previously employed by Sheehan Security since November 2001 until it was acquired by Federal Security. This dispute concerns the Worker's claim that his hours of work have been reduced. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 28th August, 2008 the Rights Commissioner issued the following Recommendation:-

- “I recommend that this claim is not well founded and that the claim fails”.
On the 26th September, 2008, the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969.A Labour Court hearing took place on the 27th January, 2009, the earliest date suitable to the parties.

UNION'S ARGUMENTS:

3. 1. The Worker was told by a senior manager that his hours of work would be reduced to their original level but this did not happen.

2. The Company was in a position to provide the Worker with extra hours because it had to recruit another full time employee.

3.The Company's actions have caused the Worker ongoing financial loss.

COMPANY'S ARGUMENTS:

4. 1. The Company has lived up to its contractual obligations towards the Worker.

2. The Company is not in a position to guarantee hours of work as this will always be dependent on clients' requirements.

3. Concession of this claim would result in significant change to current practices both within the Company and the industry as a whole.

DECISION:

The Court is satisfied that the normal practice within the security sector is that hours of work are determined by the requirements of the client and that these may vary from one contract to another.

In these circumstances the Court is satisfied that the Recommendation of the Rights Commissioner is reasonable and ought to be upheld.

The appeal is, therefore, disallowed and the Recommendation of the Rights Commissioner is affirmed.

Signed on behalf of the Labour Court

Kevin Duffy
12th February, 2009.______________________
JMcC.Chairman

NOTE

Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.