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FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WOMEN'S AID
(REPRESENTED BY TALBOT PIERCE) - AND - A WORKER (REPRESENTED BY FORSA TRADE UNION) DIVISION : Chairman: Mr Foley Employer Member: Ms Connolly Worker Member: Mr Hall |
1. An appeal of an Adjudication Officer's Decision No.ADJ-00015807.
BACKGROUND:
2. This case is an appeal of an Adjudication Officer’s Recommendation by the Union on behalf of the Worker. On the 08 February 2019 the Adjudication Officer issued the following Recommendation:-
"I recommend that the Employer pays the Worker compensation of €23,118 within six weeks of the date below..".
The Union on behalf of the Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on the 22 March 2019 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 22 May 2019.
DECISION :
The Court has given very careful consideration to the written and oral submissions of the parties.
The Court notes the undisputed fact that the decrease in the hours available to the Claimant resulted from severe funding challenges faced by the employer. Those challenges have resulted in re-structuring and reduction of resources in the Training Department of the employer where the Claimant works.
The Court notes also the financial impact of the reduced working week upon the Claimant.
The matter before the Court arises as an industrial relations matter and not a matter of redundancy under the statute. The Court accepts that the funding reductions which resulted in the reduction in the working hours of the Claimant were entirely outside the control of the employer.
The Court recommends that the employer, notwithstanding its funding challenges, should recognise the severe impact upon the Claimant of the reduction in hours available to her each week and should compensate her for loss suffered by making a payment to her of an amount equivalent to six months of the loss suffered. The amount should be calculated by a comparison of earnings in the first full twelve months actually worked after the change versus the last full twelve months actually worked prior to the change. The payment should be equal to fifty percent of any negative difference in the twelve months after the change versus the twelve months prior.
The Court so recommends.
Signed on behalf of the Labour Court
Kevin Foley
CR ______________________
6 June, 2019 Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran Roche, Court Secretary.