Case Number: ADJ-00012859. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00012859
Date22 May 2015
PartiesA Cleaner V A Services Company

Date of Adjudication Hearing: 11/06/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
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).

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...

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