FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : DROGHEDA RESOURCE CENTRE LTD - AND - MAIREAD REILLY DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Marie Worker Member: Ms Tanham |
1. An appeal of an Adjudication Officer's Decision No: ADJ-00008828.
BACKGROUND:
2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 26 November 2018 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2014. A Labour Court hearing took place on 5 October 2018. The following is the Decision of the Court.
DETERMINATION:
This is an appeal by Ms Mairead Reilly against the Decision of an Adjudication Officer under the Terms of Employment (Information) Act, 1994 (the Act). Ms Reilly made a claim against her former employer, Drogheda Resource Centre Ltd, that she was not notified in writing of a change to her terms of employment, in breach of Section 5 of the Act. By decision dated 17thOctober 2018, the Adjudication Officer held that the complaint was not well founded. Ms Reilly appealed the decision to the Court.
For ease of reference the parties are given the same designation as they had at first instance. Hence Ms Mairead Reilly will be referred to as “the Complainant” and Drogheda Resource Centre Ltd will be referred to as “the Respondent”.
The Complainant referred her claim to the Workplace Relation Commission on 31stMay 2017. The Adjudication Officer issued his Decision on 17th October 2018. The Complainant appealed the Adjudication Officer Decision to the Court on 26thNovember 2018. The appeal came before the Court on 16thMay 2019.
The Complainant represented herself at the hearing. The Respondent was represented by Mr Jim Moore.
Background
The Respondent is a resource centre in Co. Louth providing information, assistance and support to unemployed persons to help them in their dealings with the Department of Social Protection, and other Government bodies, and to provide education and training. The Centre is staffed by community employment participants and is managed by a community employment supervisor.
The Complainant commenced employment in September 2011 as an Information Officer. Her principle duties comprised of dealing with the public at the Centre’s front desk. She was paid €215.00 gross per week and worked 19.5 hours per week. She resigned from her employment on 17thJuly 2017.
Summary of the Complainant’s Position
The Complainant stated that the Respondent changed her working hours on 24thFebruary 2017 to work from 12 noon until 5pm from Wednesday and a full day on Thursdays and Fridays. Prior to that date she was required to work full working days on Wednesdays and Thursdays and a half day on Fridays. She claimed that she received no notification in writing of the change to her hours and was only provided with one day’s notice of the change. She said that a further change took place on 12thApril 2017, again without consultation or prior notification in writing.
She maintained that contrary to the Staff Handbook she was not consulted about her change of rostered hours.
Summary of the Respondent’s Position
Mr Moore, on behalf of the Respondent, accepted that the Complainant did not receive one month’s notice of the change to her working hours, however, he stated that such changes had been agreed at an ad hoc meeting of the employees themselves in July 2015, however such changes did not take effect at the time. When pressures came to management in February 2017 from certain members of staff seeking implementation of the arrangements agreed at the ad hoc meeting, changes were made to the rosters at that point.
Mr Moore said that the change which took place on 12thApril 2017 came about due to a complaint by another employee and it was decided to separate the two people involved, thereby changing the rostered hours.
The Law
Section 5 of the Act states: -
Notification of changes
- 5.— (1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer undersection 3,4or6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than—
(a) 1 month after the change takes effect, or
(b) where the change is consequent on the employee being required to work outside the State for a period of more than 1 month, the time of the employee’s departure.
The Court has considered the submissions made by both parties. The fact that the Complainant was not furnished in writing with details of the change to her hours of work within one month of such change is not in dispute, therefore the Court must find that there was a breach of Section 5 of the Act and accordingly upholds the Complainant’s appeal.
The Court determines that compensation should be paid to the Complainant in accordance with Section 7(2)(d) of the Act and hereby orders the Respondent to pay the sum of €800.00 in compensation for the breach of the Act. Accordingly, the Decision of the Adjudication Officer is overturned.
The Court so Determines.
Signed on behalf of the Labour Court
Caroline Jenkinson
MK______________________
10 June 2019Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Mary Kehoe, Court Secretary.