ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00020652
Parties:
| Complainant | Respondent |
Anonymised Parties | Caretaker | School |
Representatives | Forsa |
|
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00027163-001 | 20/03/2019 |
Date of Adjudication Hearing: 20/05/2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
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.
Summary of Worker’s Case:
The Worker submits that his Employer has changed his contract without consultation or agreement. |
Summary of Employer’s Case:
The Employer submits that the change to the Worker’s contract was necessitated by a shortfall in funding. |
Findings and Conclusions:
At the hearing the Employer: · Apologised for the manner in which the changes to the Worker’s contract had been implemented. · Gave an undertaking that future negotiations in relation to changes to the Worker’s contract and/or working hours will take place with the Worker’s trade union. · Agreed to pay the Worker €3,000 in the most tax efficient manner possible. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Worker accepts the Employer’s offer. |
Dated: 22nd May 2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Industrial relations – unilateral change to contract |