FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TESCO IRELAND LTD - AND - A WORKER (REPRESENTED BY MAGUIRE MCCLAFFERTY SOLICITORS) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Grievance
BACKGROUND:
2. This case concerns a dispute between Tesco and the worker in relation to a grievance. The worker is claiming he was transferred within his employment as a result of initiating a personal injury claim against his employer, which he claims was effectively a demotion.
Management's position is that worker's contract of employment provides for flexibility in the role and that his transfer within the organisation was in line with his conditions of employment.
The worker referred the matter to the Labour Court on 13th February 2012, in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on the 2nd May, 2012.
UNION'S ARGUMENTS:
3 1 The worker was transferred from a position that was administrative in nature to a role that involved heavy manual handling. There is no other reason for the transfer other than the fact that the worker initiated a personal injuries claim against the Company.
COMPANY'S ARGUMENTS:
4 1 The personal injuries matter is totally unrelated to the transfer of duties. The rotation of the worker was fully compliant with his contract of employment.
RECOMMENDATION:
It is accepted that the Claimant is employed under a contract of employment that requires him to be flexible in his role. He is also required to undertake any appropriate work to which he may be assigned.
The essence of the Claimant's complaint is that the decision to assign him to alternative duties was in retaliation for having brought civil proceedings against the Company for personal injuries.
Having reviewed all the circumstances of this case the Court can find no discernible connection between the personal injuries proceedings and the decision to reassign the Claimant to other duties.
For these reasons the Court does not recommend concession of the worker's claim.
Signed on behalf of the Labour Court
Kevin Duffy
16th May 2012______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.