REVISED ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00008471
Parties:
| Worker | Employer |
Anonymised Parties | A Cleaner | A Secondary School |
Representatives | SIPTU | Association of Community & Comprehensive Schools |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Worker seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00011537-001 | 24/05/2017 |
Date of Adjudication Hearing: 13/10/2017
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The worker has been employed as a Cleaner since January 1993 and currently works 32.5 hours per week.
She claims that the hours she would have worked outside term time have been reduced by the employer. |
Summary of Worker’s Case:
The worker utilised the services of a translator during the hearing as she is a fluent Irish speaker with limited English. The worker advised that before the tenure of the current Principal, she would have worked outside of term time but that these outside term-time hours have been reduced and removed. While she does not have a contract of employment, this has been implied and case law cited was Connaught Airport Development Ltd & Glavey EDA1710 with regard to precedent. She raised her concerns as a grievance which failed and appealed this decision but this appeal was not acceded to or acknowledged by the employer. She is looking for her hours outside of term-time to be reinstated. |
Summary of Employer’s Case:
The employer disputed that she had an entitlement to 32.5 hour outside of term time. It was advised that any hours afforded to the worker outside of term time was at the discretion of the Principal.
A detailed analysis of hours worked outside of term-time were provided from the period 2007-2017 and the employer highlighted that these additional hours outside of term time, were at the discretion of management. Another cleaner is also employed at the school and any recommendation could set a precedent and they are already under pressure in relation to resources to fund ancillary staff.
They disputed that they had not acknowledged her appeal as it was their understanding that the issue had been resolved and that she did not wish to appeal the decision of the grievance. |
Findings and Conclusions:
Evidence was provided by the school in relation to the hours that were worked from 2007-2017. The average number of hours worked outside of term time prior to the change in 2017 were approximately 9 days according to their records.
The worker had claimed that she worked more hours than what the employer provided details of but upon review of the employer’s records, there was general acceptance that the hours detailed were correct and I also note that the worker was engaged in working outside of term time for most of her employment. Taking into consideration the unique circumstances of this case, including the worker’s length of service and her previous working hours, my recommendation is that:
Based on the worker’s weekly hours of 32.5 hours weekly, the Board of Management should provide the worker with a minimum of 60 hours per annum, ‘outside of term-time’, pro-rated as may be required if her normal weekly hours of work change. The Board of Management should provide the worker with as much notice as possible in relation to when they require her to work these ‘out of term-time’ hours, which where possible notice should be provided prior to the end of the School year (normally May) for the forthcoming school year. These hours worked outside of term-time may be increased/reduced by mutual agreement. The Board of management may reserve the right to determine how the ‘out of term-time’ hours will be allocated throughout the year.
|
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Taking into consideration the unique circumstances of this case, including the worker’s length of service and her previous working hours, my recommendation is that: Based on the worker’s weekly hours of 32.5 hours weekly, the Board of Management should provide the worker with a minimum of 60 hours per annum, ‘outside of term-time’, pro-rated as may be required if her normal weekly hours of work change. The Board of Management should provide the worker with as much notice as possible in relation to when they require her to work these ‘out of term-time’ hours, which where possible notice should be provided prior to the end of the School year (normally May) for the forthcoming school year. These hours worked outside of term-time may be increased/reduced by mutual agreement. The Board of management may reserve the right to determine how the ‘out of term-time’ hours will be allocated throughout the year. |
Dated: 18/01/18
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Working hours, cleaner, Industrial Relations Act |
REVISED ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00008471
Parties:
| Worker | Employer |
Anonymised Parties | A Cleaner | A Secondary School |
Representatives | SIPTU | Association of Community & Comprehensive Schools |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Worker seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00011537-001 | 24/05/2017 |
Date of Adjudication Hearing: 13/10/2017
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The worker has been employed as a Cleaner since January 1993 and currently works 32.5 hours per week.
She claims that the hours she would have worked outside term time have been reduced by the employer. |
Summary of Worker’s Case:
The worker utilised the services of a translator during the hearing as she is a fluent Irish speaker with limited English. The worker advised that before the tenure of the current Principal, she would have worked outside of term time but that these outside term-time hours have been reduced and removed. While she does not have a contract of employment, this has been implied and case law cited was Connaught Airport Development Ltd & Glavey EDA1710 with regard to precedent. She raised her concerns as a grievance which failed and appealed this decision but this appeal was not acceded to or acknowledged by the employer. She is looking for her hours outside of term-time to be reinstated. |
Summary of Employer’s Case:
The employer disputed that she had an entitlement to 32.5 hour outside of term time. It was advised that any hours afforded to the worker outside of term time was at the discretion of the Principal.
A detailed analysis of hours worked outside of term-time were provided from the period 2007-2017 and the employer highlighted that these additional hours outside of term time, were at the discretion of management. Another cleaner is also employed at the school and any recommendation could set a precedent and they are already under pressure in relation to resources to fund ancillary staff.
They disputed that they had not acknowledged her appeal as it was their understanding that the issue had been resolved and that she did not wish to appeal the decision of the grievance. |
Findings and Conclusions:
Evidence was provided by the school in relation to the hours that were worked from 2007-2017. The average number of hours worked outside of term time prior to the change in 2017 were approximately 9 days according to their records.
The worker had claimed that she worked more hours than what the employer provided details of but upon review of the employer’s records, there was general acceptance that the hours detailed were correct and I also note that the worker was engaged in working outside of term time for most of her employment. Taking into consideration the unique circumstances of this case, including the worker’s significant length of service and her previous working hours, my recommendation is that:
Based on the worker’s weekly hours of 32.5 hours weekly, the Board of Management should provide the worker with a minimum of 290 hours per annum, ‘outside of term-time’, pro-rated as may be required if her normal weekly hours of work change. The Board of Management should provide the worker with as much notice as possible in relation to when they require her to work these ‘out of term-time’ hours, which where possible notice should be provided prior to the end of the School year (normally May) for the forthcoming school year. These hours worked outside of term-time may be increased/reduced by mutual agreement. The Board of management may reserve the right to determine how the ‘out of term-time’ hours will be allocated throughout the year. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Taking into consideration the unique circumstances of this case, including the worker’s length of service and her previous working hours, my recommendation is that: Based on the worker’s weekly hours of 32.5 hours weekly, the Board of Management should provide the worker with a minimum of 60 hours per annum, ‘outside of term-time’, pro-rated as may be required if her normal weekly hours of work change. The Board of Management should provide the worker with as much notice as possible in relation to when they require her to work these ‘out of term-time’ hours, which where possible notice should be provided prior to the end of the School year (normally May) for the forthcoming school year. These hours worked outside of term-time may be increased/reduced by mutual agreement. The Board of management may reserve the right to determine how the ‘out of term-time’ hours will be allocated throughout the year. |
Dated: 18/01/18
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Working hours, cleaner, Industrial Relations Act |
ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00008471
Worker Employer
Anonymised Parties : A Cleaner A Secondary School
Representatives : SIPTU Association of Community &Comprehensive Schools
Dispute:
Act Dispute Reference No. Date of Receipt
Worker seeking adjudication by the Workplace CA-00011537-001 24/05/2017
Relations Commission under section 13 of the Industrial
Relations Act, 1969
Date of Adjudication Hearing: 13/10/2017
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the
dispute to me by the Director General, I inquired into the dispute and gave the parties an
opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The worker has been employed as a Cleaner since January 1993 and currently works 32.5 hours per
week.
She claims that the hours she would have worked outside term time have been reduced by the
employer.
Summary of Worker’s Case:
The worker utilised the services of a translator during the hearing as she is a fluent Irish speaker with
limited English. The worker advised that before the tenure of the current Principal, she would have
worked outside of term time but that these outside term-time hours have been reduced and
removed. While she does not have a contract of employment, this has been implied and case law
cited was Connaught Airport Development Ltd & Glavey EDA1710 with regard to precedent.
She raised her concerns as a grievance which failed and appealed this decision but this appeal was
not acceded to or acknowledged by the employer. She is looking for her hours outside of term-time
to be reinstated.
Summary of Employer’s Case:
The employer disputed that she had an entitlement to 32.5 hour outside of term time. It was
advised that any hours afforded to the worker outside of term time was at the discretion of the
Principal.
A detailed analysis of hours worked outside of term-time were provided from the period 2007-2017
and the employer highlighted that these additional hours outside of term time, were at the
discretion of management. Another cleaner is also employed at the school and any
recommendation could set a precedent and they are already under pressure in relation to resources
to fund ancillary staff.
They disputed that they had not acknowledged her appeal as it was their understanding that the
issue had been resolved and that she did not wish to appeal the decision of the grievance.
Findings and Conclusions:
Evidence was provided by the school in relation to the hours that were worked from 2007-2017. The
average number of hours worked outside of term time prior to the change in 2017 were
approximately 9 days according to their records.
The worker had claimed that she worked more hours than what the employer provided details of
but upon review of the employer’s records, there was general acceptance that the hours detailed
were correct and I also note that the worker was engaged in working outside of term time for most
of her employment. Taking into consideration the unique circumstances of this case, including the
worker’s significant length of service and her previous working hours, my recommendation is that:
Based on the worker’s weekly hours of 32.5 hours weekly, the Board of Management should provide
the worker with a minimum of 290 hours per annum, ‘outside of term-time’, pro-rated as may be
required if her normal weekly hours of work change. The Board of Management should provide the
worker with as much notice as possible in relation to when they require her to work these ‘out of
term-time’ hours, which where possible notice should be provided prior to the end of the School
year (normally May) for the forthcoming school year. These hours worked outside of term-time may
be increased/reduced by mutual agreement. The Board of management may reserve the right to
determine how the ‘out of term-time’ hours will be allocated throughout the year.
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation
to the dispute.
Taking into consideration the unique circumstances of this case, including the worker’s length of
service and her previous working hours, my recommendation is that:
Based on the worker’s weekly hours of 32.5 hours weekly, the Board of Management should provide
the worker with a minimum of 290 hours per annum, ‘outside of term-time’, pro-rated as may be
required if her normal weekly hours of work change. The Board of Management should provide the
worker with as much notice as possible in relation to when they require her to work these ‘out of
term-time’ hours, which where possible notice should be provided prior to the end of the School
year (normally May) for the forthcoming school year. These hours worked outside of term-time may
be increased/reduced by mutual agreement. The Board of management may reserve the right to
determine how the ‘out of term-time’ hours will be allocated throughout the year.
Dated: 18/01/18
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Working hours, cleaner, Industrial Relations Act