Oireachtas Joint and Select Committees

Tuesday, 14 February 2017

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Banded Hours Contract Bill 2016: Discussion (Resumed).

4:00 pm

Mr. Tommy Smyth:

Many background questions would arise if a scenario like that described by the Senator was put to me, in my capacity as a HR consultant, by the likes of a client. The employee might be able to look at the equality legislation, depending on his or her circumstances. The use of whistleblowing legislation might arise if this person felt that other people were being given more hours than him or her for a specific reason. In such circumstances, this person could raise a grievance about other people getting hours ahead of him or her. Much would depend on the hotel's contractual position, its number of staff and its financial position. Employers are supposed to describe in contracts, as best they can, the number of hours their employees are expected to work. Unfortunately, the Senator has painted a vague scenario in which a hotel is saying that this person's hours will be determined according to a roster.

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