FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CALOMERIA SUPERMARKET LTD T/A EUROSPAR - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Doherty Worker Member: Ms Ni Mhurchu |
1. Appeal Of Rights Commissioner's Recommendation r-066268-ir-08/SR.
BACKGROUND:
2. This dispute concerns the Union's claim that the Employer removed the Worker from the Butcher Counter, reduced his hours and changed his shifts following his election as Shop Steward for the Employer's shop. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 23rd October, 2008 the Rights Commissioner issued the following Recommendation:-
- “It was obvious that the additional hours worked by the claimant were due to the situation caused by two qualified butchers being absent/leaving. That was when the additional hours began to be worked by him and it was to be expected that he would revert to his normal hours when that position was regularised/resolved upon the recruitment of a qualified butcher.
- I am not satisfied that the claimant’s role as a Shop Steward was a factor or influenced any decision made by the employer in relation to him. I note that two other union members were elected as representatives at the same time as the claimant, but there is no suggestion that they were the subjects of unfavourable treatment by the employer.
The complaint in respect of unfavourable treatment of the claimant by the employer because of, or caused by his role as a Shop Steward is rejected and is not upheld. Notwithstanding this, the employer did not handle the transfer of the claimant from the Butcher Department well or fairly, in the circumstances he was entitled to an explanation as to why he was been transferred and more notice both of the transfer and of the consequent reduction in hours and wages – I recommend that the employer pay the claimant compensation in this respect as a full and final settlement of the matter in the sum of €2,000”.
- I am not satisfied that the claimant’s role as a Shop Steward was a factor or influenced any decision made by the employer in relation to him. I note that two other union members were elected as representatives at the same time as the claimant, but there is no suggestion that they were the subjects of unfavourable treatment by the employer.
4. 1. The Employer lived up to its contractual obligations towards the Worker.
2. The Worker was employed as a Flexi Part-Time Sales Assistant and as such, could be moved from one section to another without explanation.
3. Any financial loss suffered by the Worker was caused by his failure to report for work.
UNION'S ARGUMENTS:
3. 1. Prior to his election as Shop Steward there had been no issue with the Worker's performance.
2. Allegations about the Worker's performance were not investigated in accordance with agreed procedures.
3.The Employer's actions have caused the Worker considerable financial loss.
DECISION:
The matter before the Court concerns an appeal by the employer of a Rights Commissioner’s Recommendation, which found that the transfer of a worker was mishandled, and in the all circumstances awarded compensation of €2000.00.
Having considered the positions of both parties, the Court does not concur with the Rights Commissioner’s findings and does not uphold his recommendation. However, the Court is of the view that the worker concerned provided necessary assistance in terms of working non-contracted hours during a particularly difficult time for the employer when the Butchery Department was seriously short staffed.
For the assistance given and as a gesture of good will for his co-operation at the time, the Court recommends that the worker should be paid a sum of €500.00 in full and final settlement of the claim.
Therefore, the Rights Commissioner’s Recommendation is varied accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
2nd March, 2009______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.