Noonan Services Group Ltd (Represented by Management Support Services Ltd) v Ulrike Cronje (Represented by Fachtna O’Driscoll Solicitors)

 
FREE EXCERPT

Labour Court

FULL RECOMMENDATION

TE/18/11

DETERMINATION NO.TED1821

ADJ-00003008 CA-00004126-001

PARTIES:
Noonan Services Group Limited (Represented by Management Support Services Ltd)
and
Ulrike Cronje (Represented by Fachtna O’Driscoll Solicitors)
SUBJECT:
1

1. Appeal of Adjudication Officer’s Decision No ADJ-00003008

BACKGROUND:
2

2. The Claimant appealed the Decision of the Adjudication Officer to the Labour Court in accordance with Section 8(1) of the Terms of Employment (Information) Acts 1994 to 2014.

3

A Labour Court hearing took place on 12th September, 2018. The following is the Determination of the Court:

DETERMINATION:
4

This matter comes before the Court as a complaint by Ms Ulrike Cronje (the Appellant) against a decision of an Adjudication Officer in her complaint against her former employer, Noonan Services Group Limited (the Respondent) made under the Terms of Employment (Information) Act, 1994 (the Act).

5

The Adjudication Officer decided that the complaint was not well founded.

6

Summary position of the Appellant

7

The Appellant was certified fit to return to work following a period of sick leave on 14 th March 2016. Upon her return from sick leave she was requested to report for duty at the Respondent’s Pfizer Client site. She had worked at the Respondent’s Biomarin Client site prior to her absence on sick leave.

8

She submitted that the Respondent had sought to impose a change to her terms and conditions of employment without her agreement and in breach of the Act at Section 7.

9

Summary position of the Respondent

10

The Respondent submitted that the statement of terms and conditions of employment provided to the Appellant set out under the heading ‘Location’ as follows

11

‘will be based at the Cork Office. However, owing to the nature of its business, the Company reserves the right to transfer you to other locations in Ireland in accordance with business requirements’ .

12

Consequently, the Respondent submitted that no change to the terms and conditions of employment of the Appellant occurred following her return from a period of sick leave and no such change could therefore be notified to her.

The Law
13

The Appellant had submitted that the Respondent was in breach of the Act at Section 7. The Act...

To continue reading

REQUEST YOUR TRIAL