LCR23022

PARTIES:

DIVISION:

SUBJECT:

Unworked/short hours due to hospital related issues. Unpaid hours due to continuous issues of miscalculations of the actual hours worked monthly.

BACKGROUND:

The Worker referred this case to the Labour Court on 29 April 2024 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 1 August 2024.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submission of the worker. The employer did not attend the hearing of the Court and the Court was, consequently, deprived of the perspective of the employer on the matters alleged to be in dispute.

The worker submitted that a range of matters, including matters which are prohibited under the body of employment law, are in dispute between her and the employer. She alleges that she is the victim of bullying and harassment, deductions from pay arising from ongoing and repeated miscalculations, racism, issues regarding access to annual leave and payment for annual leave and lack of access to contracted hours.

The worker says that she is aware of procedures in place in the employment to facilitate a worker in raising complaints as regards bullying and harassment and she is, she says, also aware of elements of the body of employment law protecting her from unlawful conduct. She has raised a complaint under law with the Workplace Relations Commission and that matter is in process. She says that she has raised issues as regards bullying and harassment with the employer using the procedures in place in the employment but that her correspondence / complaint has been ignored by the employer.

The Court was not provided with a copy of the contract of employment or with a copy of any internal procedures in place in the employment for the resolution of disputes.

The Court, having regard to all of the circumstances, recommends that the employer should arrange a meeting with the worker to ensure that both parties share the same understanding of the contract of employment, and to ensure that the worker has a full understanding of all procedures in place in the employment to facilitate the raising of grievances or complaints.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
AR	______________________
2 August 2024	Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Aidan Ralph, Court Secretary.