Case Number: ADJ-00012859. Workplace Relations Commission

• Docket Number: ADJ-00012859
• Date: 22 May 2015
• Court: Workplace Relations Commission
• Parties: A Cleaner V A Services Company

ADJUDICATION OFFICER DECISION and RECOMMENDATION

Adjudication Reference: ADJ-00012859

Complaint(s):
Act
Complaint/Dispute 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-00016957-001
20/01/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
CA-00016957-002
20/01/2018

Date of Adjudication Hearing: 11/06/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background
The Complainant submitted two claims to the WRC. She stated she had not received a written statement of her terms and conditions of employment as per the Terms and Conditions of Employment Act (CA-00016957-001) and that her hours of work were reduced from 37.5 hours per week to 32 and were on different split shifts which she can’t undertake and initially she worked from 5pm to 1am and she wanted these hours restored (CA-00016957-002), a claim made under the Industrial Relations Act 1969.

Summary of Complainant’s Case:
The Complainant initially commenced work on May 22nd 2015 to May 30th 2015. She received a P45 when this employment terminated.
She recommenced work on September 21st 2015 at one particular location.
No statement of terms were issued to the Complainant when she went back to work.
Her hours of work when she recommenced were 5pm to 1am which were 38 hours per week.
A new Manager cut her hours to 30 hours per week in February 2017.
The Complainant requested a written statement of her terms in August 2017 but did not receive them and her extra hours were allocated elsewhere and the work was still available.
The Company offered the Complainant 36 hours per week in September 2017 but she only worked 36 on return from suck leave. She was assigned to another building in the Respondents ’s client work location but was subsequently told there was not work there for her in that building.
2 additional hours were offered to the Complainant but these were from 1m to 2am and were not suitable for her and her core hours were allocated elsewhere.

Summary of Respondent’s Case:
The Complainant was employed to provide cover on a client’s site.
The Complainant received and signed for a written statement of her terms on May 14th 2015 (a copy was provided). These were the standard terms issued to all employees.
The Complainant raised the issue with the Company and suggested she got a new set of Terms and Conditions in June 2015. The Company have no record of this.
Under the IR Act the Complainant maintains her working week was reduced form 37.5 hours to 32 per week. It is clear from her statement of terms that she was employed on a cover basis and this involves covering different areas as and when required. The Company was able to provide cover work in different areas where she would be required to work on a regular basis.

At no time was the Complainant guaranteed hours of work. And in this regard the Company booklet states in page 3 referring to hours of work “ your contracted hours will be a minimum of two and up to thirty nice hours per week Monday to Sunday. You may be rostered over a twenty four hour period and your hours can be averaged over a two week period. Owing to the nature of the Company’s business your actual hours of work would be rostered weekly onsite by tour site supervisor or Manager. “
At no time did the Complainant receive a statement that indicating she would be working a guaranteed number of hours.
The Complainat did raise issues to do with her hours but it is a fundamental principle on the site that hours be distributed fairly amongst all employees.
The records show the Complainants actual hours varied depending on the time of year due to the Clients seasonal demands.

Decision and Recommendation:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Section 3 (1) of the Terms and Conditions of Employment Act requires an employer to provide an employee within two months of commencing employment, a written statement of terms of employment Section 3 (1) (i) requires an employer to provide a statement of “any terms and conditions relating to hours of work (including overtime). “
In this case the Complainant was initially employed from May 22nd 2015 to May 30th 2015 and this employment was terminated by the...