ADJ-00014268

Complainant

Respondent

Anonymised Parties

{A Worker}

{A Retail Company}

Representatives

Michael Meegan Mandate Trade Union

Ursula Sherlock IBEC

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00018600-001

19/04/2018

The Worker is employed as a Sales Assistance with the Respondent since 2004.

The Workers contract provides that he should have greater than 35 hours and less than full time hours. Management are refusing to recognise this term by not giving him more than 35 hours. His pattern of work for the past 13 years is Sunday to Thursday with the same 2 days off each week.

The collective agreement reached between the Respondent and the Trade Union representing employees in 2006 states staff with patterns of work will retain their working pattern and number of hours unless otherwise agreed. Management are failing to abide by this and have changed his pattern of work and hours without agreement.

The Respondent says that the Worker is employed on a contract which is for 35 hours per week but less than full-time hours after a request for additional hours in 2015. The Worker can be rostered 5 days over 7 and his hours were based around fixed working patterns of 2 colleagues.

The Worker sought to work additional hours over 30-35 per week in 2015. In 2017 a review of working hours occurred at the store and this led to a variation in the Worker’s hours due to the needs of the business. The grievance lodged found that he did not have the right to an established working pattern of Sunday to Thursday, but he did not receive sufficient notice of the change. For February 2018 the hours would revert to the old pattern in order to give him sufficient notice, and then would move to the new pattern. The Worker also lodged a grievance in relation to working Sundays never raised previously. He has a contractual obligation to work 3 Sundays out of 4, and received Sunday premium. The Manager has changed the Sunday rostering to take this into account.

The Respondent says the minimum hours the Worker should be rostered is 35 hours in line with his contractual band of hours. The Appeal upheld the outcome of the grievance. The Worker has a flexible contract, with a minimum of 35 hours, as the Worker has worked more than 3 Sundays out of 4 he could request his Manager that he not be rostered every Sunday.

The various collective agreements provide for flexibility for staff employed when the Worker was employed to work in all areas of the store. Hours will fluctuate and start and finish times may vary within the bands. The Worker has signed various contracts of employment containing these terms.

The Worker has made a complaint regarding a change to his working patterns which he says is not in line with the terms of a Collective Agreement. This is disputed. The Respondent has not objected to an Adjudication Officer hearing this complaint.

Pursuant to S13 (2) of the Industrial Relations Act 1969, I am satisfied that this issue relates to a body of workers and any recommendation I make may have broader implications beyond the Worker himself.

I am of the view that I am precluded from making any recommendation in relation to the complaint.

Pursuant to Section 13(2) of the Industrial Relations Act, 1969 I am satisfied that this issue relates to a body of workers and any recommendation I make may have broader implications beyond the Worker himself.

I am of the view that I am precluded from making any recommendation in relation to the complaint.

Body of Workers