EMPLOYMENT APPEALS TRIBUNAL
APPEAL OF: CASE NO.
Owen Cassidy TE147/2014
- Appellant
against the recommendation of the Rights Commissioner in the case of:
An Post
- Respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. T. Ryan
Members: Mr E. Handley
Mr F. Keoghan
heard this appeal at Dublin on 22nd January 2016 and 7th March 2016
Representation:
Appellant: In Person
Respondent: Mr. Anthony Kerr BL instructed by:
Ms Freda Mahon, An Post, Solicitors Office, General Post Office,
O'Connell Street, Dublin 1
This came before the Tribunal by way of the appellant (employee) appealing against the decision of the Rights Commissioner ref. r-145510-te-14/JT.
The decision of the Tribunal was as follows:-
Background:
The appellant claims that his written terms and conditions of his employment were changed without his agreement. He claims his “mark time” allowances were discontinued by the respondent without his agreement and raised the matter with senior management.
The respondent contends the claimant signed a collective agreement but the core terms of his and his colleagues of employment did not change.
The appellant took a claim under the Terms Of Employment (Information) Act 1994 To 2012 to the Rights Commissioner who found the respondent was not in breach of Section 5 of the Act and the claim failed. The appellant appealed this decision to the Employment Appeals Tribunal on the 17th November 2014.
Appellant’s Position:
The appellant stated he had not received any notification of any changes in his contract between 2003 and was not notified until 2007.
(The appellant gave detailed submissions and provided detailed information relating to his appeal that was opened to the Tribunal)
On cross examination the appellant stated that he had commenced employment in 1978 and had not requested a statement of particulars as specified in the Terms of Employment (Information) Act 1994.
Respondent’s Position:
The representative for the respondent submitted that the respondent’s position was as set out in their reply to the Employment Appeal Tribunal on the form T2B which stated:
“The Company did not breach the Terms of Employment (Information) Act 1994 and, in particular, section 5 thereof. The complainant / appellant commenced employment with (the named respondent) prior to the 16th May 1994 and accordingly neither section 3 nor section 4of the 1994 Act apply. The complainant / appellant did not request a statement of particulars pursuant to section 6. Accordingly, even if there has been a change in the terms of his employment, there can have been no breach of section 5. In any event, as the Rights Commissioner has found, the change with the complainant / appellant takes issue, was part of a collective agreement and, were section 5 to be applicable, would be covered by subsection (2) thereof”.
Determination:
The Tribunal have carefully considered the sworn evidence and submissions adduced in this matter. The Tribunal finds the respondent was not in breach of the Act and therefore uphold the Rights Commissioners recommendation.
Accordingly, this appeal under the Terms of Employment (Information) Act 1994 To 2012 fails.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)