TED2521

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00053717 (CA-00062956-001).

BACKGROUND:

The Worker appealed the Decision of the Adjudication Officer to the Labour Court on the 25 February 2025 in accordance with Section 8 (1) of the Terms of Employment (Information) Acts, 1994 to 2012. 

A Labour Court hearing took place on the 4 November 2025. 

The following is the Decision of the Court.

DECISION:

The matter before the Court is an appeal by Freddie Joseph Mark (“the Complainant”) against a decision of an Adjudication Officer in a complaint made by him against his employer Waterford City/County Council (“the Respondent”) under the Terms of Employment (Information) Act, 1994 (“the Act”).

The Adjudication Officer held that the complaint was not well founded.

Background

The Complainant has been employed with the Respondent since July 2002. He was appointed to the post of Foreman in the Parks and Open Spaces Department in 2008.

In 2019 the Complainant was asked to work in Dungarvan which involved supervising work in the cemetery, which he agreed to do for a three-month trial period. The Complainant submits that the role constituted a change to his terms and conditions of employment. The Complainant takes issue that the Respondent failed to engage with him in relation to this change.

The Respondent submits that no breach of the Act occurred.

The Relevant Law

Notification of changes.

“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, or

(b) where the change is consequent on the employee being required to work outside the State for a period of more than 1 month, the time of the employee’s departure.

(2)  Subsection (1) does not apply in relation to a change occurring in provisions of statutes or instruments made under statute, other than a registered employment agreement or employment regulation order, or of any other laws or of any administrative provisions or collective agreements referred to in the statement given under section 3 or 4.”

Deliberation

Section 5(1)(a) of the Act requires an employer to give written notification of a material change to an employee’s terms and conditions within one month of the change taking effect.

The Complainant at the hearing acknowledged that he received an email in 2019 which set out that his role of Foreman – Parks & Opens Spaces included supervision duties in cemeteries.  The Complainant acknowledged that in light of that fact his  complaint under the Act has no basis.

As the Complainant has not set out a contravention of the Act that occurred during the cognisable period for the within complaint his appeal must fail.  Accordingly, the Court finds that the complaint is not well founded.

Decision

For the reasons set out above, the Court finds the complaint under the Act is not well founded.

The Adjudication Officer’s decision is affirmed.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
TH	______________________
7 November 2025	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.