EMPLOYMENT APPEALS TRIBUNAL
APPEAL(S) OF: CASE NO.
EMPLOYEE - Appellant
against the recommendation of the Rights Commissioner in the case of:
EMPLOYEE - Appellant
EMPLOYER - Respondent
TERMS OF EMPLOYMENT (INFORMATION) ACT, 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr. A. O'Mara
Mr C. Ryan
heard this appeal at Dublin on 24th January 2014
Mr. David Moran, Mandate Trade Union, O'Lehane House, 9
Cavendish Row, Dublin 1
Mr. Aaron Shearer BL instructed by Lawlor & Partners Solicitors, 4/5 Arran Square,
Arran Quay, Dublin 7
The decision of the Tribunal was as follows:-
This case came before the Tribunal by way of an employee appealing against the recommendation of a Rights Commissioner reference number r-123298-te-12/JT dated 25 October 2012.
The appellant commenced employment with the respondent in 1995 and a year later he was informed that he was being let go due to a downturn in business. He lodged a claim against the company, the matter was resolved and he returned to work with the respondent. A transfer of undertaking took place in 2006/2007. The appellant commenced in L branch in 1996 which was three kilometres from his home. He was informed by letter dated 3 May 2012 that he was being transferred to S branch which was 22 kilometres from his home. The appellant objected to the move as he maintained that he was employed in L branch and that he did not have a contract of employment which stated that he could be transferred. He found the commute to L branch stressful and it takes an hour to get to work.
The accountant/HR manager posted contracts of employment to all its employees in 2007 but only a quarter of the total workforce returned the signed contracts to the respondent. The contract stated that “The company reserves the right to change the location of your employment on reasonable notice to you”.
All employees apart from the appellant agreed to a 10 per cent pay cut in 2010. The appellant then agreed to a reduction of six hours per week.
From the evidence adduced the Tribunal is satisfied that the appellant was issued with a contract of employment in 2007. The Tribunal therefore upsets the recommendation of the Rights Commissioner and the appeal under the Terms of Employment (Information) Act 1994 to 2001 fails.
Sealed with the Seal of the
Employment Appeals Tribunal