ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037198
Parties:
| Complainant | Respondent |
Parties | Andrzej Karkus | The Q Café Company Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Hugh Hegarty Management Support Services (Ireland) Ltd |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048545-001 | 09/02/2022 |
Date of Adjudication Hearing: 01/12/2022
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant is employed by the Respondent since 28th June 2004 as Chef. |
Summary of Complainant’s Case:
The Complainant alleges breach of S7 of the Terms of Employment (Information) Act 1994. He claims the company took over another department and are now forcing him to look after it without agreement. The Complainant was only paid half of his bonus for 2021 as he would not take over the other Department. The Complainant has provided a copy of his employment contract dated 25th April 2005. |
Summary of Respondent’s Case:
The Respondent says the Complainant’s terms and conditions have not changed, the duties assigned are in line with the scope of his terms of employment, so no breach has occurred. In 2005 the Complainant was promoted to Chef Manager, with responsibilities for food preparation, managing staff and administration of the site. In February 2022, the Chef Manager was given responsibility for the Pantry which required no change to the terms and conditions of the Complainant. This was discussed with the Complainant who was advised that he was responsible for all areas and failure to carry out the duties could result in disciplinary action. It is the view of the Respondent that there is no change to the terms and conditions of the Complainant who is responsible for administration of the site. It is accepted the role did expand but the nature of the role has not changed. |
Findings and Conclusions:
I have heard and considered the submissions of the parties regarding the complaint. Mr. Karkus is currently employed as Chef Manager since 2005. His contract of employment provides: “If a job description is issued to you, it is a guide to the work you will initially be required to undertake. It may be changed from time to time to meet changing circumstances. A job description does not form part of the Contract of Employment.” The Q Café Company Ltd retains the right to change the job description of Mr. Karkus in his contract of employment. Any changes should be within reason and depend on changing circumstances. Changes should be on notice to Mr. Karkus and allow for discussion in advance of changes being implemented. Depending on the nature of the change there may be additional responsibility for the employee which should be taken into account by the employer. I find this complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
This complaint is not well founded. |
Dated: Wednesday 4th October 2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Terms and conditions of employment |