FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CASTLEBAR CREDIT UNION LIMITED (REPRESENTED BY IBEC WEST) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer's Decision No: ADJ-00003179.
BACKGROUND:
2. This case concerns a claim that the worker retain an 18 hours per week working arrangement.
The matter was referred to an Adjudication Officer for investigation and decision. On 3 November 2016 the Adjudication Officer issued the following recommendation:
I recommend that either of the following be put in place by the respondent with no change in job title or remuneration;
From a current date the 18 hour week which the complainant previously worked should be restored or
The Complainant's amendment to 'Scenario 2 Option 1' be implemented with working hours as follows;
Monday 9.00.a.m to 3.30.p.m
Tuesday 9.00.a.m to 3.30.p.m
Thursday 9.00.a.m to 2.00.p.m
DECISION:
The Court has given careful consideration to the written and oral submissions of the parties. The Court clarifies that it is making this recommendation on the basis that SIPTU are satisfied for this matter to be addressed on an individual basis rather than as part of any collective issues which may be between the parties.
The Court accepts that it is for the Credit Union to take responsibility for risk assessment and decision making arising therefrom. The Court in consequence accepts that the role currently occupied by the Claimant is not, from a risk point of view, suitable to be carried out on a part time basis or to be shared between two individuals.
The Court therefore recommends that the Credit Union should re-table the offer it made by letter on 1stMarch 2017 and that the Claimant should be allowed two weeks to decide on acceptance of one of the six options contained therein. In the event that the Claimant decides to take up an option of part-time working the hours of work should be decided by the Credit Union taking account of the needs of the business.
Signed on behalf of the Labour Court
Kevin Foley
23 May 2017.______________________
MNChairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Neville, Court Secretary.