Tesco Ireland Ltd (Represented by Irish Business and Employers' Confederation) v A Worker (Represented by Mandate)

• Jurisdiction: Ireland
• Judgment Date: 12 April 2018
• Judgment citation (vLex): [2018] 4 JIEC 1201
• Date: 12 April 2018
• Docket Number: FULL RECOMMENDATION DECISION NO. LCR21696 ADJ-00005907 CA-00008193-001
• Court: Labour Court (Ireland)

Labour Court (Ireland)

FULL RECOMMENDATION

CD/17/367

DECISION NO. LCR21696

ADJ-00005907 CA-00008193-001

PARTIES:

Tesco Ireland Limited (Represented by Irish Business and Employers' Confederation)

and

A Worker (Represented by Mandate)

DIVISION:

Chairman: Mr Haugh

Employer Member: Ms Connolly

Worker Member: Mr McCarthy

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. An appeal of an Adjudication Officer Recommendation no. ADJ-00005907.

BACKGROUND:

2 2. This case concerns the Worker's working pattern.

3 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.”

4 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.

5 A Labour Court hearing took place on the 5 April 2018.

DECISION:

Background to the Dispute

6 This matter comes before the Court by way of an...