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FULL RECOMMENDATION
SECTION 8 (1), TERMS OF EMPLOYMENT (INFORMATION) ACTS, 1994 TO 2014 PARTIES : PERMANENT TSB PUBLIC LIMITED COMPANY
(REPRESENTED BY TIERNAN LOWEY B.L.) - AND - MS SUSIE O'DWYER (REPRESENTED CAROLINE DOYLE B.L., INSTRUCTED BY ORMONDE SOLICITORS) DIVISION :
SUBJECT: 1. Appeal of Adjudication Officer Decision No:ADJ-00017555 CA-00022650-004. This is an appeal by Susan O’ Dwyer (Complainant) against decision ADJ-00017555 of an Adjudication Officer in her complaint against her employer Permanent TSB PLC (Respondent) that they breached section 5 of the Terms of Employment (Information) Act 1994 (the Act). The Adjudication Officer found that the complaint was not well founded. Background The Complainant commenced employment with the Respondent on 4th May 2018 as a Digital Voice and Sales (DVS) Agent on a salary of €24,000. The Complainant was part of a cohort of ‘Fast-Track’ candidates. It is the Complainant’s case that shortly after she commenced work, she was transferred from Blackrock to Dundrum and that the Respondent did not notify her in writing of the nature and date of the change. The Complaint lodged her complaint with the WRC on the 16th October 2018. This complaint is linked to ADE/19/41 Complainant’s submission It is the Complainant’s submission that when she was moved to the Dundrum branch on the 18th July 2018 the Respondent in breach of the Act did not notify her in writing of the change of location and change to her core duties. Respondent’s submission The Complainant opted to be transferred. She was transferred at her existing grade and carried out duties appropriate to that grade. The nature of the move was such as it did not in line with the legislation require a notification in writing. The Law Section 5 of the Act states as follows: (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. Discussion The Court notes that the Complainant’s contract provides for transfer within the Company’s business functions and that in the circumstances of this case the Respondent facilitated the transfer of the Complainant to assist her during her probationary period. In the circumstances of this case the Court determines that there is no breach of the Act. The appeal fails. The decision of the Adjudication Officer is upheld. The Court so Determines
NOTE Enquiries concerning this Determination should be addressed to Mary Kehoe, Court Secretary. |
