FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : Q PARK IRELAND LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Appeal of a Rights Commissioner's Recommendation R-077838-Ir-09/EH
BACKGROUND:
2. The worker commenced employment with the Company (formerly known as Future Parking Services) since 1997. The Company has been operational as Q Park in Ireland since 2002 and manages approximately 32 carparks. The worker is employed as a full-time cleaner in the Company's St. Stephen's Green facility. She worked 6 days per week, with Saturday as her rest day, for 11 years and received a premium payment for Sunday work In October, 2008, she was informed by her Line Manager that a new roster was to be introduced and that she would no longer be required to work Sunday, thus losing her premium payment. The Union has calculated her loss to date at €3,900 and is seeking compensation for the worker.
The worker referred her case to a Rights Commissioner and his recommendation was as follows:
Sunday Premium
"I recommend that this part of the claim fails".
(A second issue relating to Christmas bonus was agreed between the parties.)
The Union appealed the recommendation to the Labour Court on the 1st March, 2010, in accordance with Section 13(9) of the Industrial Relation Act, 1990. A Labour Court hearing took place on the 9th July, 2010.
UNION'S ARGUMENTS:
3. 1. The worker's terms and conditions of employment were changed without any consultation, resulting in a serious loss of money for her. As she feared for her job at the time the worker commenced the new roster. She was distressed at the way that the roster was introduced as she had been very facilitating to the Company for many years.
COMPANY'S ARGUMENTS:
4. 1. The Company has had no choice but to implement a number of cost-saving options in recent years due to a down-turn in business. There has been a serious decline in car park revenue in the St. Stephen's Green facility. Unfortunately one of the options was to change the worker's roster resulting in the loss of Sunday premium although she still works 40 hours per week. Other employees have also suffered loss of premium payments.
DECISION:
The Court has carefully considered the submissions of both parties in this case.
The Court is of the view that the worker concerned should be compensated for the loss of income she suffered as a result of the change made to her roster.
In all the circumstances of the case the Court recommends that the worker concerned be paid an amount of compensation equal to twice the annual loss of income she suffered as a result of the changes that were made to her roster.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
19th July, 2010______________________
CONDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.