FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BRENDAN GILMORE SECURITY LTD (REPRESENTED BY PENINSULA BUSINESS SERVICES) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Working shifts taken from employee.
BACKGROUND:
2. The case concerns a dispute between the Company and Worker in relation to the workers contention that, following a period of sick leave his working hours were unilaterally reduced by the Employer. The Worker is seeking compensation for having been penalised on his return from sick leave.
The matter was referred to the Labour Court on 26th July 2012 in accordance with Section 20(1) of the Industrial Relations Act, 1969. The worker agreed to be bound by the Court's Recommendation: A Labour Court hearing took place on the 15th November, 2012.
The Company were notified of the date and time of the hearing but failed to attend.
WORKER'S ARGUMENTS:
3. 1. The worker was absent on certified sick leave for a period of 9 months. Prior to the commencement of his absence, he worked 48 hours per week which was subsequently reduced to 12 hours on his return.
2. The Company failed to inform the worker of the reason why his hours of work were reduced despite several attempts on his part to discuss matters with them.
3. While the worker was absent on sick leave, there were other workers employed to cover his shifts and this practice continued on his return to work. This is fundamentally unfair and should not have occurred.
RECOMMENDATION:
The Court notes that the Company declined to attend the hearing and to avail of the opportunity to put forward its case in relation to the Claimant’s claim.
The Court is fully satisfied that the Claimant was penalised for having taken sick-leave by having his hours reduced. In consequence of this reduction in his hours he suffered loss amounting to approximately €30,000.
Having regard to all the circumstances of this case the Court recommends that the Company should pay the Claimant compensation for the loss which he suffered in the amount of €15,000.
Signed on behalf of the Labour Court
Kevin Duffy
4th December, 2012______________________
AH.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.