Ms Cathy Maguire:

I agree with Ms Bolger that the order contemplated by the Act is an order that the employer offer the hours. There is no concomitant obligation on the employee to work the hours, which might give rise to problems for an employer who is directed to offer employee A the hours but when employee A does not do them because they do not suit, the employer gives them to employee B who then acquires a right to those hours but they are the same hours. That problem is dealt with if the employee must agree that those hours go into the employment contract such that the employer must give the hours and the employee must do them.