An employee (on a permanent employment contract for past 2 years) has always worked on a 2 shift arrangement on Monday (7 hour shift) & Tuesday (7 hour shift) only each week since she commenced with the Company. The Company, in order to cover its shift requirements for a two week period, now wants the employee to a) increase the number of shifts and b) for the employee to work days other than Mon & Tue. It is known that the employee works for another Company (non-competing) for some other days each week. There are other employees (both male and female) who work shift arrangements with the Company and they generally work between 5 to 7 shifts per week and are available all days. The Company wants to commence discussions with the employee to increase the number of shift that she can undertake and also to be able to do additional shifts on days other than Mon & Tue. 1. What approach would the group recommend? 2. What advice would the group suggest if the employee refused to undertake the planned new arrangement? 3. Can the Company go as far as to terminate the employment contract if the employee refused to co-operate?
Posted in : First Tuesday Q&A ROI on 2 July 2013
Zelda Cunningham
Arthur Cox
Under the Terms of Employment (Information) Act 1994, employees are entitled to be provided with a written statement of their terms and conditions of employment- including working hours. Once provided to the employee, the Company is generally not entitled to unilaterally change these contractual conditions unless the right to amend working hours, increase working shifts or change days is expressly referred to in the contract or written statement.
The employer should meet with the employee and discuss the requirements of the Company and the necessity of the changes to her working hours. If the employee is amenable to the change, her consent to the changes would remedy any likely issues. Once
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Back to Q&A's This article is correct at 02/09/2015
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Zelda Cunningham
Arthur Cox
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