LCR22468

1.Change Of Contract Without Consent

BACKGROUND:

2.On the 8 November 2020, the Worker referred the dispute to the Labour Court 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 the 9 September 2021.




RECOMMENDATION:

The Worker referred this case to the Labour Court on 8th November 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 9^thSeptember 2021.

The matter before the Court relates to a claim of unilateral changes to the Claimants contract of employment which she says represents a substantial reduction in standing, status and function. The Claimant seeks compensation and/or an independent job evaluation.

The Court has given careful consideration to the comprehensive oral and written submissions of both parties.

It is accepted by both parties that the job carried out by the Claimant for sixteen years ceased to exist when the Programme she was working on finished.

The Employer believes that the alternative role offered to the Claimant is a suitable alternative role that was offered to her on the same terms and conditions of employment and at the same Grade VIII level.

The Court notes that genuinely held concerns were raised by the Claimant about her new role, which included concerns about changes to her reporting line, role responsibilities and potential impact on her career progression. The Court notes that in addressing the Claimants concerns, the Employer acknowledged some challenges around communications at times.

Having considered the submissions of the parties, the Court is of the view that once matters were raised formally every effort was made by the Employer to clarify the concerns raised by the Claimant about her new role. The Court notes that the Claimant has continued to work under protest while progressing her grievance and that the Employer has provided reassurance to her that it does not penalise any staff members for lodging a grievance.

The Court recommends that the Claimant accept the role that was offered to her and that she should continue to apply her unquestioned skills and experience to that new role. The Court also recommends that the Claimant engage with her Employer in relation to professional development opportunities as she done in the past.

The Court does not find in favour of the Claimant’s claim for compensation and/or an independent job evaluation and her appeal fails.

The Court so recommends

	Signed on behalf of the Labour Court
	Katie Connolly
SL	______________________
23 September 2021	Deputy Chairman