FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CARTAMUNDI IRELAND LTD - AND - A WORKER (REPRESENTED BY MR RICHARD DUNNE) DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Ms Tanham |
1. Wishes To Work Days When Evening Shift Is Laid Off.
BACKGROUND:
2. This dispute concerns the Worker's claim to work days when the evening shift is laid off. The Worker referred this case to the Labour Court on 25 March 2020 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 3 June 2020. The employer was not in attendance.
RECOMMENDATION:
The matter before the Court arises from a claim for the worker to be facilitated to access the day shift on those occasions when business conditions result in the lay-off of the evening shift where she is employed. The employer did not attend the hearing of the Court but did clarify by letter to the Court that a named Trade Union represents workers in the employment and has, by collective agreement, sole negotiating rights in relation to terms and conditions of employment. The Claimant did not dispute the assertion of the employer in this respect.
The Claimant confirmed that she was a member of the named Trade Union and that the Union had previously engaged with the employer in relation to the matter before the Court on behalf of a group of evening shift employees. The Claimant submitted that she had no knowledge of the result of that engagement and that she had no understanding as to why her claim has not been conceded by the employer.
The Court has considered carefully the written and oral submissions of the parties. The Court, having regard to the nature of industrial relations in the employment and the fact that a Trade Union of which the Claimant is a member has been afforded sole negotiation rights for the grade which she occupies, recommends that the Claimant should engage with her Trade Union in order to address the matter which she had put before the Court.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
TH______________________
16 June 2020Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Therese Hickey, Court Secretary.