Complainant

Respondent

Parties

Ivan  Tonkev

Sysco Foods Ireland Limited

Representatives

  N/A

Alan Devaney Ronan Daly Jermyn

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-00058655-001

04/09/2023

The Complainant commenced his employment with the Respondent on 8 April 2019 as a Multi Drop Delivery Driver. He stated that he did not agree to amend his written terms and conditions of employment either in September or October 2022. He further stated that his role had not in fact changed and that there should have been no change made to his written terms and conditions of employment.

The Complainant stated that in September 2022 his job title in his contract of employment was changed from Multi Drop Delivery Driver to Dekitter and subsequently, in October 2022, to Shunter without his consent. He further stated that, notwithstanding the change in his written contract of employment, he was still continuing to drive trucks and vans for the Respondent and alleged that he had recently operated as a Multi Drop Delivery Driver on 18 August 2023.  He therefore stated that no changes should have been made to his written terms and conditions of employment either in September 2022 October 2022.

The Complainant commenced his employment with the Respondent on 8 April 2019 as a Multi Drop Delivery Driver. He completed two refresher driver training courses on 21 May 2019 and 27 May 2020. On 25 May 2021, he undertook a driving assessment but failed this assessment and was advised that in line with company policy he could not drive the truck until he took lessons and passed an assessment. He took further driving assessments on 23 March 2022 and 27 June 2022 and failed both. The Complainant has since refused to complete any further driving assessments, including the offer to have a new assessor based outside Dublin to complete the assessment.

On 19 September 2022, the Complainant was advised by his line manager Stephen Keating, Transport Supervisor that the company could no longer sustain paying him a driver rate any longer and that his job title would be changing to that of Dekitter and issued him an amended contract of employment which reflected the change of job title. His weekly pay was also changed from €682.22 to €665.60. The change in role was made in line with his original contract of employment which provided that: “Pallas Foods reserves the right to change your job description or to require you to perform a different job consistent with your status and ability. Any such change will not constitute a change of the terms and conditions of your employment”.

He was subsequently issued with another written amendment to his contract of employment on 23 October 2022 which highlighted inter alia that his job title had changed to a Shunter. His pay was also changed to an annual salary which works out at €664.00 per week. Although it was accepted by the Respondent that the Complainant may have moved a truck or completed a few short delivery trips since October 2022, he has not been assigned a route nor has he been included on the driver roster. Accordingly, he was not deemed to be a driver and no further change to his contract of employment was therefore required.

The Terms of Employment (Information) Act, 1994 applicable at the time of the alleged contravention stated:

5.—(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3, 4 or 6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than—

(a) 1 month after the change takes effect

Findings: 

I note that the Complainant was initially provided with a revised contract on 19 September 2022 in respect of inter alia a change in his title from Driver to Dekitter. His job title was subsequently changed to Shunter in October 2022 in respect of which he also received a further written notification. I am satisfied therefore that the Respondent met its obligations under the Terms of Employment (Information) Act, 1994 applicable at the time. 

I further note that the Complainant stated both in his complaint form of 4 September 2023 and in evidence that he was continuing to operate as a Multi Drop Delivery Driver and had most recently done so on 18 August 2023. He asserted that no changes should therefore have been made to his written terms and conditions of employment either in September or October 2022. I noted however that the Respondent gave undisputed and unchallenged evidence that the Complainant only very occasionally completed short delivery trips, but that his role throughout 2023 was substantially that of a Shunter, as set out in the written notification provided to him on 23 October 2022. I also noted that the contract of employment provided to him on 19 September 2022 stated that “In addition to your normal duties, you may be required to undertake other duties from time to time” and find that any occasional driving duties that he fulfilled did not therefore require any further changes to the written terms and conditions of employment.

Considering the foregoing points, I find that the complaint is not well founded.

I find that the complaint is not well founded for the reasons set out above.