ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001077
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00001507-001 | 16/12/2015 |
Date of Adjudication Hearing: 04/04/2016
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the above mentioned Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
Firstly I hope I have chosen the right drop down option as I am not sure whether this complaint falls under pay, hours of work or redundancy-as I am still in employment. On the 23rd of November last, I was notified by my employer that he intended to reduce my hours and pay from 5 days full time to 3 days effective on the 30th of November for the forseeable future. He said that this was a cost cutting measure owing to a downturn in business. On the 27th of November I informed my employer that I did not agree to this arrangement and I would like to discuss alternatives with him. On November 30th my employer informed me in person and in writing that he was unilaterally imposing the 3 day week despite the fact that I did not agree to it and it was effective that date for the forseeable future. I wrote back to him to reiterate that I was not in agreement. I have asked my employer to either reinstate me to my five days or to provide me with an alternative as I am not in agreement with the reduction and changes to my contract of employment. On December 16th my employer informed me in person and in writing that he intends to reduce my working week to 2 days should sales continue to decline effective February 2016. I have informed him in writing and in person that I did not agree to the first reduction and that he should provide me with an alternative for example Redundancy. He has said that he will not pay redundancy and that this is not an option. As I report directly to him (this is a small distribution company), I have already exhausted the company grievance procedure as I am the most senior member of staff and report directly to him as the owner/director/ceo. There is nobody else to hear my grievance. Consequently, I am requesting the assistance of an adjudicator of the Commission to assist us in resolving this issue. |
The complainant submits that there has been a unilateral reduction of her hours of work and wages in breach of statutory provision and her contract of employment from November 30th 2016 onwards. The reduction amounts to €214 net per week.
Respondent’s Submission and Presentation:
The respondent submits that business exigencies have dictated that the claimant’s hours be reduced accordingly and that she has refused to accept a modified role in the company. It is accepted that this role is not the same as the one she currently undertakes.
Decision:
In coming to a decision in this case I note that I do not have a complaint in respect of redundancy and that the cognizable period of complaint is from November 30th to December 16th of 2015 (2.5 weeks).
I find that the complaint is well founded and hereby require that the respondent pay the claimant €535 (say five hundred and thirty five euro) net in compensation for breach of s. 5 of the Act.
Dated: 25/05/2016