SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
G4S SECURE SOLUTIONS (IRE) LTD
- AND -
(REPRESENTED BY HOBAN BOINO SOLICITORS)
Chairman: Mr Haugh
Employer Member: Ms Doyle
Worker Member: Ms Treacy
1. Appeal of Adjudication Officer Decision No:ADJ-00008111 CA-00010769-003
2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 4 April 2018 the Adjudication Officer issued the following Recommendation:-
- " I find that the dispute pursuant to the Industrial Relations Act is well founded and I recommend that the respondent pay the complainant €1,000."
Background to the Appeal
This is an appeal on behalf of G4S Secure Solutions (Ire) Limited (‘the Respondent’) from a recommendation of an Adjudication Officer (ADJ-00008111, CA-0010769-003, dated 4 April 2018) under Industrial Relations Act 1969 (‘the Act’). The Notice of Appeal was received by the Court on 14 May 2018. The Court heard the appeal in Dublin on 26 June 2018.
The Complainant’s case is that the Respondent unilaterally reduced his rostered working hours in October and November 2016 in response to two written queries sent by the Complainant in relation to his accrued annual leave. The Adjudication Officer found that the Complaint was well-founded and awarded compensation of €1,000.00.
The Complainant submits that he emailed his manager on 29 September 2016 and again on 10 October 2016 regarding outstanding annual leave. Following the second email, he believes he was removed from the roster and received no additional hours thereafter. The Complainant exhibited copies of the emails and the relevant rosters to the Court.
The Respondent submits that the Complainant did not raise a grievance in relation to the matters that are the subject of this complaint. It denies that any sanction was imposed on the Complainant in response to his emails concerning his annual leave entitlements.
The Respondent has failed to explain why the Complainant was effectively removed from the roster following receipt of his email of 10 October 2016. It is no defence to the complaint to say that the Complainant did not raise a formal grievance about having his working hours unilaterally reduced in response to a legitimate query about his accrued annual leave.
The Court upholds the findings of the Adjudication Officer and the award made by him to the Complainant of €1,000.00.
The Court so decides.
Signed on behalf of the Labour Court
18 December 2018Deputy Chairman
Enquiries concerning this Decision should be addressed to Mary Kehoe, Court Secretary.