FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ATOS COMPUTER SERVICES IRELAND LTD (REPRESENTED BY MATHESON SOLICITORS) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Flexi time issue and IR procedures.
BACKGROUND:
2. This dispute concerns a flexi time issue and IR procedures.
The Worker referred this case to the Labour Court on 28 August 2018 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation.
A Labour Court hearing took place on 21 March 2019.
WORKER'S ARGUMENTS:
3. 1. The Worker is seeking the reversal of the decision by the company to remove the ‘Flexi Time’ benefit.
2. Alternatively, the Worker is seeking an offer of adequate compensation in lieu of ‘Flexi Time’.
3. The Worker wants the company to engage with them on workplace matters that arise locally relating to changes with a view to reaching agreement.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer states that the Claimant is required pursuant to his terms and conditions of employment to be flexible in relation to this hours of work.
2. The Employer submits that it is not a very significant change which has been implemented.
3. The Employer made significant efforts to find a solution to the issues raised by the Claimant.
RECOMMENDATION:
This matter comes before the Court under Section 20(1) of the industrial Relations Act, 1969. Consequently, the worker has confirmed in advance that he will accept the decision of the Court.
Comprehensive submissions have been made to the Court as regards the working hours of the worker and the nature of engagement between the parties.
The Court has given very careful consideration to the written and oral submissions of the parties and recommends as follows:
•The worker should continue to operate current arrangements unless an alternative can be put in place. Specifically, the worker and his two colleagues should have the opportunity to devise a working hours arrangement which ensures that the ‘cover’ requirements from 7.00am to 5.00pm Monday to Friday which derive directly from customer demand are met in all circumstances and that each worker delivers his or her contracted working hours. In the event that such an arrangement is devised by the worker and his colleagues the employer has undertaken at the hearing of the Court that it will be accepted and implemented provided only that customer demand is met in all cases and contracted working hours are worked by each worker.
•The parties should reflect on the history of this matter and should agree to utilise the industrial relations institutions of the State as necessary whenever a trade dispute arises upon which they find themselves unable to achieve resolution through direct dialogue.
Signed on behalf of the Labour Court
Kevin Foley
MK______________________
25 March 2019Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Mary Kehoe, Court Secretary.