LCR22914

SUBJECT:

Complaint under Section 20(1) of the Industrial Relations Act 1969

BACKGROUND:

The Worker referred this case 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 26 January 2024.

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties. The worker seeks additional hours in a location where she is employed. The employer submitted that the worker has been offered additional hours previously but had declined such offers in order to preserve her entitlement to jobseekers benefit on days where she was not rostered to work. The worker submitted that she is willing to take up any offer of work made to her on any day.

It is not disputed that the employer offered to meet the worker directly to attempt to resolve the within dispute by agreement and that the worker refused any such meeting. Against that background it is not surprising that the parties before the Court could not even agree whether the worker had previously been offered additional hours and had refused such an offer.

In all of the circumstances, the Court recommends that the worker accept that it is not possible for the employer to provide her with additional hours on the days she is rostered to work and that she should accept any offer that might be made to her to be rostered on additional days into the future. In addition, the Court recommends that whenever a dispute might arise in the future, the parties should discuss the matter locally in a pragmatic and realistic manner before making a reference to a third party such as the Workplace Relations Commission or the Court. The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
CDK	______________________
30 January 2024	Chairman