FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TESCO IRELAND LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - CRAIG BRENNAN (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Ms Connolly Worker Member: Mr Hall |
1. Appeal of Adjudication Officer's Recommendation No. ADJ-00008727
BACKGROUND:
2. The case before the Court concerns an appeal of an Adjudication Officer's Recommendation. The dispute relates specifically to the Worker's claim that the Employer has failed to assign him to the same position and the same hours following his return to work after a period of sick leave. The Employer disputes the Worker's claim. The dispute could not be resolved at local level through direct negotiations between the parties. The matter was referred to an Adjudication Officer for investigation and recommendation. On the 25 January 2018, the Adjudication Officer issued her Recommendation as follows:
"I recommend that the Respondent pay to the Complainant the sum of €450.00 as compensation."
The Worker appealed the Adjudication Officer'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 20 April, 2018.
UNION'S ARGUMENTS:
3. 1. The worker was assigned to a particular job in the Store by way of a local agreement that was concluded in an effort to retain his services and on the basis of which he decided to continue working for the Company and to forego further educational opportunities that were open to him at that time.
2. The worker was absent from work for a prolonged period due to a serious illness and upon his return to work expected to resume his agreed role in line with the local agreement referred to above and in line with the Company Sick Leave Policy.
3. The worker claims that Store Management failed to honour the local agreement and has acted contrary to Company Sick Pay Policy in dealing with his work arrangements.
EMPLOYER'S ARGUMENTS:
4. 1. There is a flexibility clause within the Claimant's contract of employment that requires him to accept reassignment within his grade as business needs dictate.
2. This clause removes any claimed automatic entitlement to work in a role or in a particular department. The store reserves the right to staff each department as required and must be in a position to move staff within grade to meet business needs.
3. The Company maintains that it has fully complied with the relevant Sick Pay Policy in this case and maintains that it is simply asking the Claimant to work his rostered hours in line with his current contractual liability.
DECISION:
Having given careful consideration to the comprehensive written and oral submissions of both parties to this dispute the Court affirms the decision of the Adjudication Officer as fair and reasonable in all the circumstances of the case.
The Court so decides
Signed on behalf of the Labour Court
Brendan Hayes
14 May, 2018______________________
CCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.