ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010921
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Company employee | A Security Company |
Representatives | In person | Mr B Keogh |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00014177-001 | 22/09/2017 |
Date of Adjudication Hearing: 20/03/2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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:
The complainant is employed by the Respondent as a Security Officer since November 2010. The complainant is contracted to work 36 hours per week and at various client sites as requested. The complainant’s rate of pay is currently €11.05 per hour. |
Summary of Complainant’s Case:
The complainant stated that his hours of work were reduced in August 2016 and he was not notified in writing of the changes to his contract of employment. The complainant’s position is that he previously worked day shifts and night shifts but that since the changes in August 2016 he has worked only night shifts. The complainant contends that he sought clarification of the changes from his employer but he did not receive a response. |
Summary of Respondent’s Case:
The respondent stated that there has been no material change to the complainant’s contractual terms and conditions of employment. The respondent’s position is that the complainant’s established work pattern did not change. The respondent confirmed that after the changes in August 2016, the hours of work remained the same as the complainant could share hours with fellow workers on the same site or be facilitated with additional hours on other sites. |
Findings and Conclusions:
In relation to this complaint, I find as follows: The complainant was contracted to work 36 hours per week. He claims that in August 2016 when he was changed from working day shifts and night shifts to just working night shifts he suffered a reduction in hours. The respondent stated that the complainant continuously worked his contractual hours and provided records to show that between 1st January 2017 and 7th July 2017 he had worked his contractual hours. The complainant did not provide any evidence that he has suffered a reduction in hours. As it appears there were no material changes to the complainant’s contract of employment or his hours of work, I do not find that there is merit in this complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having considered the submissions of both parties and all of the evidence adduced at the hearing of this complaint, I declare that the complaint is not well founded. |
Dated: 16th July, 2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Contractual hours of work |