FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WESTERN CARE ASSOCIATION - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioners Recommendation No: r-123734-Ir-12/EOS
BACKGROUND:
2. This case is an appeal by the worker of Rights Commissioners Recommendation No: r-123734-Ir-12/EOS. The issue concerns a reduction in working hours which the employer contends it was entitled to do. The worker contends that changes to her hours could only be implemented by agreement and that she had not consented to the reduction. The matter was referred to a Rights Commissioner for investigation. A decision issued on the 17th January 2013 and found that the employer had acted reasonably in reducing the hours in the circumstances.
On the 18th February 2013 the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 16th May 2013.
UNION'S ARGUMENT:
3 1 The contracted hours should not be reduced except by agreement. The worker does not accept that management acted reasonably in reducing her working hours to facilitate another staff member who wished to return to full time work.
COMPANY'S ARGUMENT:
4 1 The worker in this case had been re-engaged on a fixed term contract after retirement in October 2011. Management reserved the right to alter her working hours in line with her contract of employment and in facilitating its permanent staff member in returning to full time work. In these circumstances management contends that it acted reasonably.
DECISION:
It is noted that the Employer relied on Clause 3 of the Claimant’s contract of employment as authorising a reduction in her contracted hours of work. In the Court’s view Clause 3 of the contract is not capable of that interpretation. That clause allows for the termination of the contract before its expiry but it does not allow for for its alteration.
Nevertheless, the employer was entitled to seek the Claimant’s agreement to an alteration in her hours of work for the reason advanced in the course of the hearing. Having regard to all the circumstances of this case the Court has come to the view that the Claimant was unreasonable in not agreeing to the alteration proposed. For this reason the Court does not believe that the payment of compensation is warranted.
Accordingly the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
21st June 2013______________________
AHChairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.