FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : LADBROKE (IRELAND) LIMITED TRADING AS LADBROKES - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Changes to terms and conditions of employment / loss of earnings.
BACKGROUND:
2. This dispute concerns the Worker's claim that the Company's unilateral changing of her terms and conditions of employment caused her a loss of earnings. The Worker referred this case to the Labour Court on 24th June, 2015, 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 28th August, 2015.
UNION'S ARGUMENTS:
3. 1. The Worker's contract of employment gave her responsibility for the opening of shops.
2. The Worker's four-day working pattern in her present cluster of shops was also part of her terms and conditions of employment.
3.The Company's unilateral changes to the above has caused her considerable distress and financial loss.
COMPANY'S ARGUMENTS:
4. 1. The Company has the right to manage its staff in the best interests of the business.
2. The Company has been more than reasonable in attempting to accommodate the Worker.
3. If the Worker is unable to choose one of the many options put to her the Company will make the decision for her.
RECOMMENDATION:
Having carefully considered the submissions of both parties to this dispute the Court notes that the Claimant can secure all of the terms and conditions she is seeking by applying for and successfully completing the formalities associated with appointment to the role of Customer Service Manager with the Company. Accordingly, the Court recommends that she should apply for such a contract and undertake the relevant related assessments and interviews associated with appointments to that role.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
1st October, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.