FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : G4S SECURE SOLUTIONS (IRE) LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-130755-ir-13/SR.
BACKGROUND:
2. This dispute arose following the Worker's transfer from a shopping centre where he had worked as a supervisor since 2007. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 9th October, 2013 the Rights Commissioner issued the following Recommendation:-
"I [recommend] that the [Worker] should be facilitated by being rostered to work in areas close to where he lives ... [and] should be afforded every opportunity to apply for the position of Supervisor and that his prior service as supervisor be taken into account in awarding any such position."
On the 24th October, 2013 the Company 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 17th January, 2013.
3. 1. The Worker has a very good work record with years of experience.
2.The Worker was given several different reasons for his transfer.
3.This transfer has caused the Worker significant financial loss and personal inconvenience.
COMPANY'S ARGUMENTS:
4. 1.The Company has at all times complied with the Worker's terms and conditions of employment.
2.The Company has endeavoured to resolve the Worker's issues.
3.The Company requires flexibility from all its staff in order to meet its clients' needs.
DECISION:
Having considered the submissions of both parties the Court decides as follows:
1. The parties should meet to agree within 4 weeks of the date of this recommendation a suitable assignment within “reasonable travelling distance” from his home in an “alternative location” in accordance with the terms of his contract of employment.
2. As no evidence of the stated reason for the Claimant’s move from the Tallaght Town Square was advanced by the Company in the course of the hearing and noting the terms of the Claimant’s contract of employment, the Court, in these exceptional circumstances takes the view that he should be compensated for the loss he incurred. The Court assess compensation in the sum of €1,000 and decides accordingly.
2. As no evidence of the stated reason for the Claimant’s move from the Tallaght Town Square was advanced by the Company in the course of the hearing and noting the terms of the Claimant’s contract of employment, the Court, in these exceptional circumstances takes the view that he should be compensated for the loss he incurred. The Court assess compensation in the sum of €1,000 and decides accordingly.
The decision of the Rights Commissioner is varied accordingly.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
3th February, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.