Complainant

Respondent

Parties

James  Mulhall

Newlands Golf Course

Representatives

  Self Represented

Gail Maher IBEC

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00054710-002

24/01/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act

CA-00054710-003

24/01/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00054710-004

24/01/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00054710-005

24/01/2023

The complainant gave his evidence under oath while the two witnesses for the respondent gave their evidence under affirmation.  Both parties were enabled to cross examine the witnesses.

The complainant stated that he was made to work unsociable hours, that his contract was changed, and he received no notification in writing of the changes.

He stated that he resigned from his position as he was left with no option when the employer refused to give him a pay rise.  He also stated that he left because of the was he was being treated and being disrespected.

The complainant stated that he was not allowed to take his holidays when he wanted to, when his children were off school.  The complainant confirmed that he stayed away from the clubhouse as much as possible as he didn’t want to bring Covid home to his children.  He stated that he applied for parental but confirmed that he took annual leave instead as it was paid.

The complainant stated that he was seeking a pay rise since he began and that no pay rise was forthcoming.  He stated that his shift times were changed and that he didn’t have enough money to put fuel into his van to come to work.

He stated that the respondent offered him a 6% payrise but that this was not enough as his wages had not changed in ten years.

The respondent submitted that the complainant received a written contract of employment and that this referred to working unsocial hours, flexibility and referred to guaranteed hours of employment for the complainant.

The respondent submitted that the shift times were changed due to Covid regulations and that acknowledge that this was not given to him in writing.  It submitted that his contract allowed him to be provided with a roster of his hours on a weekly basis.

The first witness for the respondent was the course superintendent.  He stated that he worked with the complainant for more than 14 years and that he had never raised any issued with him only issues about salary.  There was no cross examination.

The second witness for the respondent was the interim General Manager.  He noted that it was not easy to find a replacement for the complainant.  He submitted that the complainant doesn’t listen when he is in a meeting.  He confirmed that he met with the complainant to discuss matters and asked him to put his issues in writing.  He confirmed that the complainant never put things in writing.  He said that a lot of the complainant’s issues were linked to pay.  He noted that he never informed the complainant that he would raise matters with the committed as this was inappropriate.  He confirmed that the there were wage rises in 2022 for staff of around 2% in February 2022 and a further 6% in July of that year.  He noted that there were larger increases for greenkeeping staff.

CA-00054710-002 – Unfair Dismissal

The complainant stated that he was fed up with not being respected and that the employer did not give him a pay rise over the course of 10 years.  Shortly before his resignation, the respondent offered him a 6% pay rise.  It was also outlined that he received a number of small pay rises during 2020 and 2021.  The respondent suggested that the complainant had been offered a job on higher wages and that this was the reason for his resignation.  This was accepted by the complainant although he added that he was also disrespected.

Having considered the written and oral evidence presented by the parties, I am satisfied that the complainant resigned in large part because he received an offer of another job with higher wages.  Accordingly, I do not find that he was unfairly dismissed.

CA-00054710-003 – Unfair Dismissal (IR)

The complainant took this complaint on the basis that he had less than 12 months service.  As the complainant had around 15 years’ service, I find that this complaint is misconceived.

CA-00054710-004 – hours of work (terms of employment)

The complainant was provided with a written contract of employment that referred to all his basic terms and conditions of employment.  Although it did not outline the exact hours required of the complainant, it referred to the principle of flexibility and referred to the possible unsocial hours involved.  It also referred to the weekly roster provided to the complainant.

Section 3(1)(p) of the Terms of Employment (Information) Act outlines that a written statement must contain the following:

(p) if the work pattern of an employee is entirely or mostly unpredictable, the statement shall inform the employee of —

(i) the principle that the work schedule is variable, the number of guaranteed paid hours and the remuneration for work performed in addition to those guaranteed hours,

(ii) the reference hours and days within which the employee may be required to work, and

(iii) the minimum notice period to which the employee is entitled to before the start of a work assignment and, where applicable, the deadline for notification in accordance with section 17 of the Organisation of Working Time Act 1997, and

Having considered the written and oral evidence in relation to this aspect, I find that this complaint was not well founded.

CA-00054710-005 – Start and finish times.

Section 17(1) of the Organisation of Working Time Act requires the following:

17.—(1) If neither the contract of employment of the employee concerned nor any employment regulation order, registered employment agreement or collective agreement that has effect in relation to the employee specifies the normal or regular starting and finishing times of work of an employee, the employee’s employer shall notify the employee, subject to subsection (3), at least 24 hours before the first day or, as the case may be, the day, in each week that he or she proposes to require the employee to work, of the times at which the employee will normally be required to start and finish work on each day, or, as the case may be, the day or days concerned, that week, and the employee’s employer shall ensure the work takes place within predetermined reference hours and days.

The respondent submitted that the roster of hours was put up on a common notice board in advance of the working week.  This was confirmed by the complainant.  In the circumstances, I find that this complaint is not well founded.

CA-00054710-002 – Unfair Dismissal

Having regard to all the written and oral evidence presented in relation to this matter, my decision is that the complainant was not unfairly dismissed.

CA-00054710-003 – Unfair Dismissal (IR)

Having regard to all the written and oral evidence presented in relation to this matter, my decision is that this complaint is misconceived.

CA-00054710-004 – hours of work (terms of employment)

Having considered the written and oral evidence in relation to this aspect, my decision is that this complaint is not well founded.

CA-00054710-005 – Start and finish times.

Having considered the written and oral evidence in relation to this aspect, my decision is that this complaint is not well founded.

Unfair Dismissal – not found to be unfair – hours of work – not well founded – start and finish times – not well founded.