Summary Sentence:

The Worker, who challenged the Employer’s decision to allocate re-organised roster positions on a “last in, first out” basis which did not favour the Worker, was recommended by the Adjudication Officer to engage to find a role which was suitable to her experience and qualifications.

Background:

The Worker has worked in a healthcare setting for the Employer since 1988. The Employer engaged in a reorganisation of its rostering practices, and as such identified the Worker and colleagues as needing to alter their working patterns. This meant the loss of overnight “sleepover shifts” which resulted in a loss of income for the Worker, and the re-allocation of other overnight shifts which were made on the basis of a “last-in, first-out” calculation. The Employer engaged with the Worker’s collectively-representative trade union for terms of a “buy out” that would compensate the Worker and her colleagues for any loss of income arising out of this changed roster, but the Worker believed this would not adequately compensate her in light of her recent period of sick leave, during which the Worker only received basic pay without premium payments. The Worker also disputed the method by which the Employer and the Worker’s trade union calculated service for the purposes of the “last-in, first-out” calculation.

In response, the Employer said it had engaged in good faith with the Worker’s trade union and that any buy-out provisions would not disadvantage the Worker. The Employer also defended its method of calculating service. Further, the Employer said the Worker had not utilised its grievance procedures, even after offering the Worker a “leap-frog” to stage 3 of its process. The Worker is currently on sick leave and indicated that she would only be prepared to return to work in a role which would allow her to utilise her skills and avoid the current position where she feels she has been mistreated.

Outcome:

The Adjudication Officer found “no basis to undermine the validity of the agreement reached between the Employer and the relevant trade union nor would it be appropriate to do so.” However, the Adjudication Officer also noted she was “of the view there was one WhatsApp group too many spinning in the background, the spin content of which could and should have been negated by timely updates on progress from the Employer and the relevant trade union. “In light of the difficulties raised, the Adjudication Officer recommended that the Worker accept the Employer’s offer to engage and attempt to find a role which met the Worker’s desires to continue working in service of the Employer.

Practical Guidance for Employers:

It is perfectly valid for an employer to make a collective agreement with a trade union which favours some workers and not others, as long as it does not infringe on an employee’s statutory rights and it is effectively communicated to all employees.

The full case is here:
https://www.workplacerelations.ie/en/cases/2024/april/ir-sc-00001568.html