Complainant

Respondent

Parties

Vasile  Stancu

Baku Gls Ltd

Representatives

Michael Micle (Nephew)

Alastair Purdy LLP

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00062514-001

29/03/2024

The Complainant stated in his complaint form that:

“I have been working for the above-mentioned company as an international driver for 5 years.

The labor relations were going normally until about 3 weeks ago.

About 3 weeks ago I received a message from my employer telling or proposing [to] me that I should work for 8 weeks with a 1-month break.

I have worked for the last 4 years full-time (normally), i.e. I worked for 6 months after which I had a vacation. I worked for the next 4 or 5 months and had a second vacation. An exception was during the year of 2023 when this working time of one year worked and two vacations was changed due to my family problems.

As I said above, the employing company sent me a message telling me that I have to work for 8 weeks and then stay at home for 4 weeks.

Thereby I believe that I am constrained or wronged by the reduction of my working time to a period of 8 months worked during a calendar year and 4 months of break or vacation. Thereby I believe that my salary income in the future and the loss of my continuity of work shall be negatively affected, thus for one year of work in the version proposed by the employer, I as an employee will not have one year of work, but it will be 8 months of work and 4 months of vacation that will affect me in the future because I will have to work for a longer period in order to reach the threshold of retirement.

I mention that I have not been dismissed, laid off or fired, but I feel compelled to change my job due to this reduction in the working hours.”

He stated that he should have been informed in writing about the change to his terms and conditions.

The Complainant left his employment on the 19th of March 2025 and alleges that he was constructively dismissed, this claim is brought in addition to other claims.

The Respondent stated that they did propose the change based on the drop in business and the advance bookings for the coming year. Others were also spoken to and in fact did change their hours to facilitate the company.

The Respondent proposed a very substantial reduction in working hours and that change was never communicated to him in writing.

The Respondent arising from a reduced work volume by agreement sought to reduce hours to match the available labour it had on its books with the projected order demand. That discussion was had with most drivers and by agreement a reduction in hours was implemented only when agreed. That was not the case with the Complainant and no reduction in his working hours in fact occurred. As no change in his working terms occurred there can be no basis to maintaining the claim.

Mr Phil Cassidy Fleet Manager for the company stated that no change in the terms of this driver occurred. That was confirmed by Mr Donal Moral Financial Director of the company. As a fact a discussion did take place to align the contracted labour hours with the volume of work that had decreased based on a projected order book. Discussions took place with several drivers. By agreement some drivers did agree to a reduced working pattern. However, no agreement was reached with the Complainant and no reduction in his working hours or any change in a term of his contract occurred. I accept the sworn evidence of the managers and must find that no change in a term occurred and find against the Complainant.

As no change was made in a term or condition of employment, I find that the complaint is not well founded.

Section 5 of the Act states:

5.—(1) Subject to subsection (2), whenever a change is made or occurs in any of the particulars of the statement furnished by an employer under section 3, 4 or 6, the employer shall notify the employee in writing of the nature and date of the change as soon as may be thereafter, but not later than

As no change occurred there was no requirement to notify the employee in writing of the nature and the date of the change.

Change in working hours.