Situation with work - need advise

[neonitrix]

I cant go into too much detail but here goes.

working for a company based in dublin at night for the past 5 1/2 years - have only ever worked nights.

3 years ago a major multinational company bought this company keeping our contracts the same and not changing the terms and conditions.

now major multinational wants out of involvement with our comany via sale to another irish company which will move premises from dublin to cork.

I am being offered either:

Day work ie: 5 day week over 6 days 8am - 8pm libality this will be with the major multinational company but will be in a location on the outskirts of dublin.

or I can transfer with company to cork and continue to work nights.

And thats all that is being offered.

I am living 55miles from dublin and commuting to work each night for the past number of months without issue. I work 4 nights a week. It takes me 1 1/4 hours to travel each way.

I am trying to get the company to understand that I have only ever worked night jobs and that this is asking me to turn both my private and social lives on their heads - ie: the same as telling one of you that from 1 months time you will be working nightshift no option. that is in essance what they are saying to me that I will be working day shift no option.

In essance my day will be longer due to travel time increase because of traffic congestion and getting accross dublin during the day.

the 5th day will cost me more in travel costs ie: petrol / wear and tear on the car etc.

And also it will affect my life - its hard to explain but if you work nights long term you get used to working nights and up to last week I saw myself working them until I retire. Working days has never been a consideration when I applied for work. I applied for my current job as it was advertised as night staff.

Day staff dont have a problem with the move as their shifts money etc will stay the same.

I have mentioned that this has put me in a very unsecure situation and also have mentioned that redundancy may have to be looked at as in essence they are doing away with my night position.

They have said this is not a redundancy situation and keep offering me days.

Any idea what I can do next?.

The union hasnt been much help and seem to think I should be glad to be getting to work days. And they arent keeping me informed about the situation. They seem to think that I am not being flexable with this situation but dont understand that its not like asking me to work an extra hour or so but asking me to turn my life which I have worked hard for over the past 5 1/2 years on its head.

I feel that as of early next month I will have no choice but to put in for constructive dismissal.


tks

Neonitrix

 

[ajapale]

hi neonitrix,
I sorry to hear about your situation.

The union hasnt been much help

I suspect that the union hasnt been much help because they have seen this type of thing before. In the absence of any local agreement the company can offer you any job in any part of the country. If you move location the union might be able to negotiate some expences but this is often very small.

I would be slow going down the constructive dismissal route. Most companies and in particular large multinationals follow procedure to the letter of the law and if their documentation is correct you might find it hard to win the case. Also the remedy could be simple reinstatement at the day work. Or the remedy might be a very small payment in the order or a 2/3k.

If redundancy is not on offer you might try (or get your union) to try for partial redundancy. This is a complicated procedure where part of a persons job no longer exists.

Have you asked them why redundancy is not an option. Statutory redundancy is not very costly to the company. In your case with only 5/6 years service this would not be a lot. Is the redundancy package on offer very attractive?

In the meantime you should document every interaction with the company and get everything in writing. Remain level headed (this can be a bit of a game with the HR bods). Keep onto the union (I suspect they have settled in favour of the bulk of the workers and are not prepared to seriously persue an individuals case).

I hope everything works out for you.

ajapale

 

[Spacer]

..

Your situation is of a type covered by legislation.

See the following link.

www.entemp.ie/employment/....htm#trans

If in doubt about how to interpret the information give, contact the employment rights section of the Department of Enterprise, Trade and Employment.

 

[ajapale]

Transfer of Undertakings

Hi Spacer,

I dont think the transfer of undertakings regulations are applicable here to any great extent.

An employee may not be dismissed by reason of the transfer. Dismissals for "economic, technical or organisational reasons entailing changes in the workforce" are, however, not prohibited.

Companies can and do argue that the changes are due ot economic, technical or organisational reasons. Usually all they have to say is business rationalisation.

ajapale

 

[Spacer]

..

Specifically...........

"If an employee's contract of employment is terminated because a transfer involves a substantial change in working conditions to the detriment of the employee, the employer concerned is regarded as having been responsible for the termination."

In other words, your enforced resignation could be regarded as an unfair dismissal. Check with Dept of ETE.

 

[neonitrix]

Re: ..

spacer - which document did you get that paragraph from?

also - the union and the multinational have both said that redundancy does not apply in this instance and they are not giving me further information just saying that it does not apply.

& the union keeps mentioning transfer of undertakings but I dont understand how it should affect my situation.


tks

Neonitrix

 

[ajapale]

Transfer of Undertakings

neo,

spacer is right you should talk to the experts DETE.

However the company was acquired over three years ago and they are entitle to make economic, technical or organisational changes subject to consultation and meeting regulatory obligations.

[broken link removed]

However, dismissals may take place for economic, technical or organisational reasons involving changes in the work-force.

Other useful telephone numbers:

Department of Enterprise, Trade & Employment (01) 631 2121 Lo-call 1890 220222
Employment Appeals Tribunal (01) 6312121 Lo-call 1890 220 222
Labour Relations Commission (01) 6136700 Lo-call 1890 220 227
Rights Commissioner Service (01) 6136700 Lo-call 1890 220 227
Labour Court (01) 6136666 Lo-call 1890 220 228
The Pensions Board (01) 6131900

 

[ajapale]

Re: Transfer of Undertakings

Its from DETE's FAQ: Redundancy, Transfer of Undertakings, Employment Agencies

What if an employee is dismissed following a transfer?
An employee may not be dismissed by reason of the transfer. Dismissals for "economic, technical or organisational reasons entailing changes in the workforce" are, however, not prohibited.
If an employee's contract of employment is terminated because a transfer involves a substantial change in working conditions to the detriment of the employee, the employer concerned is regarded as having been responsible for the termination.

 

[Spacer]

..

Quote from original post:

"now major multinational wants out of involvement with our comany via sale to another irish company which will move premises from dublin to cork."

If the company is being sold, this is a transfer of undertakings and the provisions conatined in my link above will apply. (Neon - that's where the paragraph is)

I accept the bit about there being no prelusion on companies changing for "economic, technical and commercial reasons" but I THINK (check with ETE) this only applies where there ISN'T a transfer of undertaking.