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LCR22150

FULL RECOMMENDATION
CD/19/197
RECOMMENDATION NO. LCR22150

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
CPL RESOURCES PLC


- AND -

A WORKER


DIVISION :

Chairman: Mr Foley
Employer Member: Ms Connolly
Worker Member: Mr McCarthy
SUBJECT:
1. Change to terms and conditions of employment.



BACKGROUND:

2. The worker made a complaint to the Labour Court under Section 20(1) of the Industrial Relations Act, 1969 on 12th June 2019. A Labour Court hearing took place on 26th November 2019:-


3. WORKER'S ARGUMENTS:
  • 1. The worker argued that the employer unilaterally changed the terms and conditions of her employment without consultation.
4. EMPLOYER'S POSITION:
  • 1. The Employer did not attend the hearing before the Court.
The following is the recommendation of the Court:-

RECOMMENDATION :

This matter comes before the Court under Section 20(1) of the Industrial Relations Act, 1969. The employer did not attend the hearing of the Court.

The Claimant set out the history of her employment and submitted that she had been re-assigned from a particular account in the business. She submitted that her re-assignment and subsequent change of duties have negatively impacted her reputation, remuneration and her ability to progress in her role in the company. She submitted that her re-assignment and the change to her role occurred without fair procedure. The Claimant submitted that she is a director of the company.

The Court has carefully considered the written and oral submission of the Claimant and recommends that both parties should engage constructively to review the recent career history of the Claimant and to ensure that both parties are clear as to the Claimant’s role in the company going forward. The parties should request the support of the mediation service of the Workplace Relations Commission if necessary.

The Court so recommends




Signed on behalf of the Labour Court



Kevin Foley
FMcC ______________________
9 December 2019 Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Fiona McCarthy, Court Secretary.