Keywords: Breach of Terms of Employment (Information) Acts 1994 to 2014

This case is an appeal of the Adjudication Officer’s decision to the Labour Court which was brought by the Complainant, Mairead Reilly. The Complainant commenced employment as an ‘Information Officer’ for the Respondent in 2011. Her normal working hours consisted of a full day on Wednesdays and Thursdays and a half day on Fridays.

On the 24th of February 2017, the Respondent changed the Complainant’s working hours without consulting her prior to making this change. She was then required to work from 12 noon until 5pm on Wednesdays and a full day on Thursdays and Fridays. The Complainant maintained that she was not provided with any written notification of this change and was merely given one day’s notice. The Complainant’s working hours had then been changed for a second time on the 12th of April 2017. Again, the Complainant was not provided with any written notice or prior consultation of the change. The Complainant submitted that this contravened the staff handbook.

The Respondent accepted that the Complainant did not receive one month’s notice of the change to her working hours, however, he stated that such changes had been agreed at an ad hoc meeting of the employees themselves in July 2015 but they did not take effect at the time. The Respondent clarified that the change which took place on 12th of April 2017 arose due to a complaint by another employee and it was decided to separate the two people involved, thereby changing the rostered hours.

The court held that the fact that the Complainant was not furnished in writing with details of the change to her hours of work within one month of such change was a breach of Section 5 of the Act and accordingly upheld the Complainant’s appeal. The court overturned the decision of the Adjudicating Officer and awarded the Complainant €800.00 in compensation. 
https://www.workplacerelations.ie/en/cases/2019/june/ted1912.html