FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEATONS (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Appeal of a Recommendation of a Rights Commissioner No. R-090085-IR-10/JT.
BACKGROUND:
2. The Worker concerned is employed as a Retail Associate by the Company.
The issue before the Court concerns a claim by the Union on behalf of a Worker for compensation for the loss of hours suffered when her hours of work were reduced. In January 2009 the Company had reduced the hours of work of all part-time employees in preference to contemplating redundancies when cost cutting measures were required. The Worker had been working full-time hours prior to this.
A number of issues had been referred to a Rights Commissioner for investigation and recommendation. The Rights Commissioner issued his Decision on the 5th October 2010 in which he found that following a mediation process at the Equality Tribunal all matters had been superseded and"therefore the matter has been resolved."
On the 15th October, 2010 the Union on behalf of the Worker appealed the Decision of the Rights Commissioner to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 12th January, 2011.
UNION'S ARGUMENTS:
3. 1. The Union maintains that the Worker suffered a loss of 735.15 hours and that this equates to a monetary loss of €7,167.62 which is the amount it is seeking in compensation.
COMPANY'S ARGUMENTS:
4. 1. The Company maintains that the Worker has been paid for all hours worked.
DECISION:
The case comes before the Court pursuant to Section 13(9) of the Industrial Relations Act 1990.
The Court has carefully considered the submissions of both parties in this case.
The Court notes that the issue of the claimant's contract hours has been resolved to the satisfaction of both parties to this dispute. There is, however, a dispute between the parties as to whether the issue of retrospection for hours not worked was disposed of in the settlement terms agreed at the Equality Tribunal.
The claimant contends that she is entitled to claim for compensation for hours which she says she was contractually entitled to work and that were not made available to her by the respondent. The Respondent rejects the claim on the grounds that she had no such contractual entitlement, that the settlement terms agreed at the Equality Tribunal were in full and final settlement of all matters and, if the Court takes a contrary view, it should not be asked to compensate for hours not worked.
Having weighed the respective merits of the arguments presented by both sides the Court recommends that the respondent pay the claimant the sum of €2,500 in full and final settlement of this case.
The Rights Commissioner's recommendation is set aside.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
4th April, 2011______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Madelon Geoghegan, Court Secretary.