Tesco Ireland Ltd (Represented by Irish Business and Employers' Confederation) v A Worker (Represented by Mandate)
Jurisdiction | Ireland |
Court | Labour Court (Ireland) |
Judgment Date | 12 April 2018 |
Judgment citation (vLex) | [2018] 4 JIEC 1201 |
Docket Number | FULL RECOMMENDATION DECISION NO. LCR21696 ADJ-00005907 CA-00008193-001 |
Date | 12 April 2018 |
Labour Court (Ireland)
FULL RECOMMENDATION
CD/17/367
DECISION NO. LCR21696
ADJ-00005907 CA-00008193-001
Chairman: Mr Haugh
Employer Member: Ms Connolly
Worker Member: Mr McCarthy
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
1. An appeal of an Adjudication Officer Recommendation no. ADJ-00005907.
2. This case concerns the Worker's working pattern.
The Union on behalf of the Worker said that she has worked the same work pattern for 16 years and that she has a letter from the former HR Manager confirming her work pattern as Monday to Friday, 10:00 a.m. to 3:00 p.m., off Saturdays and working on occasional Sundays.
• The Employer said that the Worker signed a contract in 2007 which provides that her working hours vary between twenty and twenty-five and that the Worker can be scheduled to work up to five days over six.
• This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 16 November 2017 the Adjudication Officer issued the following Recommendation:-
○ “The claimant has varied her work pattern to include 2 Saturdays per month for a 10 month period to the date of this decision. She remains dissatisfied by this change and seeks a revision to Monday to Friday working. She has argued that the letter of comfort serves as currency for this retention”
The Company still holds a defined requirement for Saturday working .
Based on the unique and exceptional circumstances surrounding this case, I recommend that the terms of the letter of comfort be amended to include a trial period from January 2018 – January 2019, where the claimant is rostered for one Saturday per month with a guaranteed Monday off. This should be reviewed and evaluated by way of a conjoined Union/Management Forum within twelve months of commencement .
I make this recommendation in the spirit of seeking to return the parties to a certain equilibrium to restore harmonious working relations and is in full and final settlement of the claim.”
The Employer appealed the Adjudication Officer's Recommendation to the Labour Court on the 20 December 2017 in accordance with Section 13(9) of the Industrial Relations Act, 1969.
A Labour Court hearing took place on the 5 April 2018.
This matter comes before the Court by way of an...
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