INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
DUN LAOGHAIRE RATHDOWN COUNTY COUNCIL
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Appeal of Rights Commissioner's Recommendation No: r-147616-Ir-14/RG
2. This is an appeal by the worker of Rights Commissioner's Recommendation No: r-147616-Ir-14/RG. The issue concerns the appropriate starting time for the worker in question. The Union contends that the worker's normal contractual starting time was 8.00am for a number of years but was then changed to 7.00am to facilitate early beach cleaning. Further collective agreements between the employer and Trade Unions resulted in relocation and the payment of compensation for the required work practice changes. The Worker raised the issue of his starting time through local procedures but was informed that the 7.30am starting time applied only in the street cleaning section. He was offered a position in street cleaning to facilitate his requirement for an earlier starting time but did not accept this offer.
The matter was referred to the Rights Commissioner for investigation. A Recommendation issued 30th January 2015 and did not find in favour of the worker's claim. On the 19th February 2015 the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 7th April 2015.
3 1 The worker's established starting time as part of the Beach Cleaning section is 7.00am. This was changed to facilitate management's needs to have an early commencement of beach cleaning. The worker is seeking to retain the early start as, he contends, is his entitlement.
4 1 The worker's contractual starting time is as notified to him by management. Currently the normal starting time is 8.00am with the exception of the street cleaning section which starts earlier. The worker was given the option of transferring to street cleaning but did not accept the offer. In the circumstances management contends that it has acted reasonably and in compliance with all collective agreements.
Having considered the submissions of the parties the Court can see no justifiable basis upon which it could interfere with the recommendation ofthe Rights Commissioner.
Accordingly the Recommendation is affirmed and the appeal is disallowed.
Signed on behalf of the Labour Court
5th May 2015______________________
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.