FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TESCO IRELAND LTD T/A TESCO IRELAND - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Appeal of Rights Commissioner's Recommendation r-144775-ir-JT.
BACKGROUND:
2. This dispute concerns changes to the Worker's working hours' pattern. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 16th January, 2015 the Rights Commissioner issued the following Recommendation:-
- "It seems to me that the 2007 agreement that provides for 'Flexible working hours 5 over 7' is the appropriate clause to be operated in this case. It also provides for reasonable flexibility for both parties to operate under. I therefore recommend that the parties operate as per this clause."
On the 12th February, 2015 the Employee 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 31st March, 2015.
3. 1. The Worker has been consistently flexible over many years and at different locations.
2.The Worker is fully prepared to continue being flexible in line with previous agreements.
3.The Company is seeking unreasonable flexibility well in excess of previous agreements.
COMPANY'S ARGUMENTS:
4. 1.The Company requires work flexibility to ensure the store is adequately manned during busy periods.
2.The Worker is being asked to work the same flexible pattern as his colleagues.
3.The Worker had previously worked this flexible pattern.
DECISION:
This is an appeal by the Union on behalf of an employee against a Rights Commissioner’s Recommendation which found against his claim concerning the alteration to his working hours’ pattern.
A compromise agreement emerged at the hearing whereby both sides agreed that the Claimant’s working hours going forward will be as follows and he will:-
- Berostered to work five days over seven days per week,
- o9am to 9pm for two days per week – not at weekends;
o9am to 6pm for two days per week, and
o9am to 5pm one day per week.
- Agree to be flexible with regard to his working hours depending on the business needs of the employer.
- o9am to 9pm for two days per week – not at weekends;
On the basis of the agreement reached by both parties, the Court recommends that it should be confirmed in writing and signed by both parties.
Therefore the Rights Commissioner’s Recommendation is varied.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
20th April, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.