FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Change of hours / roster.
BACKGROUND:
2. This dispute arose from the Company's decision to change the Worker's roster. The Worker referred this case to the Labour Court on 6th August, 2013, 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 16th October, 2013.The Company declined to attend the hearing.
UNION'S ARGUMENTS:
3. 1. The Worker's pattern of work had remained unchanged in over 16 years.
2. The Worker's roster was changed unilaterally without prior discussion or consultation.
3.The Worker should be compensated for the distress caused by the Company's actions.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act, 1969.
The Employer did not attend the hearing. The Court regards it as regrettable that the Employer failed to avail of the opportunity to explain its version of the events giving rise to the claim.
The claim before the Court concerns the difficulties which arose for the Claimant when the Company decided to alter her hours of work roster.
Having considered the submission made the Court notes that the standard practice of consultation prior to making changes to rostered hours was not adhered to in this case and accordingly the change in the Claimant’s roster does not reflect the terms of her contract of employment which provides for consideration to be given to her personal requirements when changing rosters.
The Court recommends that a meeting should be organised to discuss the Claimant’s return to work and to explore options in light of the changed situation in the store.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th October, 2013______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.