INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
HSE DUBLIN NORTH EAST
- AND -
(REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION)
Chairman: Mr Duffy
Employer Member: Ms Cryan
Worker Member: Ms Tanham
1. Appeal Of Rights Commissioner's Recommendation r-127389-ir-12/SR.
2. This dispute concerns the Worker's working hours. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 26th February, 2013 the Rights Commissioner issued the following Recommendation:-
- "I recommend that the Employer offer to the Claimant any and first available working hours to bring her hours up to a normal weekly ... I recommend that the parties enter into immediate and meaningful negotiations in order to identify such working hours for the Claimant."
On the 28th March, 2013 the Employee appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 1st July, 2013.
3. 1. The Worker's contracted weekly working hours are 33 hours.
2.The Worker did not agree to a change in her contracted weekly working hours.
3.The Worker is not responsible for any problems the Employer now finds itself in.
4. 1.The Worker applied for a reduced working week.
2.The Employer made the appropriate arrangements to facilitate the Worker's request.
3.The Employer will offer the Worker the next available set of extra hours.
The circumstances of this case have caused significant difficulties for both parties and little can be gained by trying to apportion blame for what occurred. Rather, in the Court’s view the focus of the parties should be to try and find a solution to the Claimant’s current dilemma and to restore her to full working hours as soon as possible.
The Court is conscious of the fact that had the Claimant not sought reduced hours the HSE would by now have been required to restore the person who was availing of a career break to the payroll. The Court also notes that the HSE may be in a position to facilitate the Claimant with additional hours although this may require some flexibility on her part.
It is the decision of the Court that the parties should have immediate discussions with a view to developing a solution that will allow the Claimant to return to full-time working as soon as practicable. If they are unsuccessful in finding a solution along those lines the matter may be referred back to the Court together with a report from the parties on the results of their discussions. The Court will then make a definitive recommendation without the necessity of a further hearing.
Signed on behalf of the Labour Court
29th August, 2013______________________
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.