FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ST PATRICKS CHESHIRE HOME (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-130688-ir-13/EH.
BACKGROUND:
2. This dispute concerns the Worker's claim that the Employer breached her contract of employment. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 17th June, 2013 the Rights Commissioner issued the following Recommendation:-
- "I recommend that this claim should fail."
On the 3rd July, 2013 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 30th October, 2013.
3. 1.The Employer unilaterally reduced the Worker's hours.
2.The Employer then employed new staff.
3.The Worker should be compensated for her considerable loss of earnings.
EMPLOYER'S ARGUMENTS:
4. 1.There was no breach of the Worker's contract of employment.
2.The Worker's guaranteed hours were increased from 10 hours to 18.5 hours per week.
3.The Worker's average hourly rate of pay was also increased.
DECISION:
Having considered the submissions of both parties the Court upholds the Rights Commissioner’s recommendation.
The appeal is rejected.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
28th November, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.