ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004385

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 23/01/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41(4) of the Workplace Relations 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).

Attendance at Hearing:

Background

The complaint has been employed by the respondent on a part-time basis as a cleaner since 24th July 2015. The claimant is paid €10.05 per hour with overtime and Sunday premium to be paid as per the Registered Employment Agreement in place for the Contract cleaning Industry. The claimant submits that she has raised a number of issues regarding her terms and conditions of employment through the respondent’s grievance and appeal procedures which have not been resolved to her satisfaction. The claimant is seeking a commitment from the respondent to resolve her difficulties

The claimant also is seeking consistency and stability with regard to her working hours. The written terms of employment state that her contracted hours “will be a minimum of 2 and up to 39 hours per week Monday to Sunday”. It was submitted that the claimant finds it difficult to plan her working week. She stated that she was assigned to 2 different locations in January 2016. She was lead to believe be that working in one of the locations would lead to more hours however this not happen. The claimant currently works 12.5 hours at one location.

The respondent for their part submitted that the claimant is guaranteed 12.5 hours and there was no facility to increase the hours available at that location. They further stated that that the claimant was offered additional hours at other locations but declined these for personal reasons. It was also submitted that the respondent has dealt with the claimant’s grievances in a fair and transparent manner.

Findings

Both parties made written and verbal submissions at the hearing.

I find that having listened to the arguments and read the submissions the claimant is seeking a guarantee of more hours on a permanent basis. I find that while the claimant is on 12.5 hours per week additional hours have been offered to her but have been declined for personal reasons. I find that based on the evidence submitted the claimant's grievances have been dealt with in accordance with the respondent procedures.

I find that at the hearing the claimant indicated that she was seeking a “full time“ position with secure hours. I find that the vast majority of employees are part time in this industry.

Recommendation

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find that have considered all the evidence I cannot recommend concession of the claimant's case.

Jim O Connell

Adjudicating officer

Dated:   25^th April 2017