AD1367

SUBJECT:
1. Appeal of Rights Commissioners Recommendation No: r-122291-Ir-12/POB


BACKGROUND:

2. This case is an appeal by the worker of Rights Commissioners Recommendation No: r-122291-Ir-12/POB. The issue concerns a claim by the worker to be assigned on a full time basis (Monday - Friday) as a Linen Porter. Management's position is that that he was originally employed in another role which is now redundant and that another worker is in the position as part of his established terms and conditions of employment and cannot be displaced. Management further contends that the worker, on return from a period of long term sick leave, was offered several options to fulfil his full time contract (39 hours per week) but did not accept any of them.

The dispute was referred to a Rights Commissioner for investigation. A Recommendation issued on the 28th May 2013 and did not find in favour of the workers claim on the bases that 1) the business needs of the hotel have changed and some roles have become interchangeable, 2) the fact that another worker is in place in the role on the days that the claimant is seeking, 3) the matter could have been resolved through conciliation at the Labour Relations Commission had a solid case existed and 4) the letter of 28th April 2010 does not give the claimant a legal right to a five day week as Linen Porter.

On the 14th June 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 22nd August 2013.


UNION'S ARGUMENT:

3 1 The worker has an entitlement to the Linen Porter role on a full time basis as that is the role he carried out prior to his injury. He recommenced in the role for three days a week after a period of sick leave in preparation for a return to the role on a full time basis. Management has refused to restore him to the Linen Porter post.


COMPANY'S ARGUMENT:

4 1 The worker is employed as a House Porter/Laundry Assistant. There is already another worker in the Linen Porter role who cannot be displaced to accommodate the claimant. Management has made every effort to offer suitable alternatives to the worker but he has not accepted any of the options put to him.


DECISION:

The Court has carefully considered the submissions of both parties to this dispute.

In all the circumstances of this case the Court upholds the Recommendation of the Rights Commissioner.

The Court so decides.





Signed on behalf of the Labour Court



Brendan Hayes
27th September 2013______________________
AHDeputy Chairman



NOTE

Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.