ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016354
Parties:
| Complainant | Respondent |
Anonymised Parties | Home Help Co-ordinator | Public Body |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00021223-001 | 17/08/2018 |
Date of Adjudication Hearing: 05/12/2018
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 7 of the Terms of Employment (Information) Act 1994,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
This complaint states that the Complainant was not notified in writing to a change in the terms of her employment. |
Summary of Complainant’s Case:
The Complainant worked for many years in a particular office. The service was taken over by a Public Body and she was moved to another location nearby. The Complainant stated that she had many difficulties with the new arrangements, lack of privacy etc. She has taken her grievance through procedures and is not satisfied with the outcome. |
Summary of Respondent’s Case:
The Respondent made an extensive submission outlining the history of the case. The Respondent has investigated the Complainant’s grievance and commissioned an ergonomic study. There are plans in place to have a new centre where office accommodation will be suitable. In the meantime it is open to the Complainant to book a private room for meetings in the current location. |
Decision:
This complaint was referred under the Terms of Employment (Information) Act 1994 which provides for obligations on employers to notify employees in writing of their terms and conditions of employment (Section 3) and to provide them in writing of any changes to such conditions within one month of the change taking effect. In this case the Complainant worked for many years in a particular building and was transferred to another building nearby. I note that the Complainant’s contract of employment states: “You may be required to work in any service area within the vicinity as the need arises”. I find therefore that the move does not constitute a change in the Complainant’s written terms of employment. The Complaint is not well founded.
Dated: 14/12/18
Workplace Relations Commission Adjudication Officer: Gaye Cunningham