Labour Court Database __________________________________________________________________________________ File Number: CD87526 Case Number: LCR11310 Section / Act: S67 Parties: ISPCC - and - LGPSU |
Claim, by the Union on behalf of approximately 47 workers, for the payment of outstanding increases and the withrawal of a workers redundancy notice.
Recommendation:
The Court, having considered the submissions made by the parties,
is conscious of the difficult financial situation facing the
Society arising from the reduced level of funding available. In
this connection the Court has noted the delays by the Department
of Health and by the various Health Boards in notifying the
Society of its allocation for 1987 and also of the postponement
until next year by the Department of Health of the re-imbursement
of lump sums and annual pensions paid by the Society to former
employees.
The Court has noted that the Report of the Task Force which was
endorsed by the National Executive of the Society has been the
subject of discussion with the Union and that all the staff
changes and redundancies recommended by the Task Force were
achieved following negotiations by the end of January, 1987.
The Court is of the view that the workers have made a significant
contribution towards assisting management in their efforts to
effect economies by their on-going co-operation in relation to
such matters as deferment of wage increases due, redundancies and
general structural changes in the Society.
The Court accepts that the opposition to a further redundancy was
greatly heightened by its unexpected announcement at a time when
negotiations regarding forfeiture or deferment of pay increases
were at an advanced and critical stage and before other aspects of
the Task Force Report had been fully implemented.
The need for cost cutting is a major thrust of the Task Force
Report and in this respect the Court is fully conscious of the
requirement on any voluntary body to exercise tight control over
its administrative costs. In this connection the Union has stated
that it is not questioning in principle the Society's right to
determine the appropriate staffing.
The Task Force also stressed the need for the Society to increase
its income through the development of a comprehensive programme of
voluntary committee development, the internal undertaking of work
done at present by outside consultants and the development of long
term financial planning. The impact of these matters will only
evolve over time and will impinge significantly on the work of the
Financial Controller.
In the circumstances it is the Court's view that the decision to
make the book-keeper redundant was rather hastily taken and with
incomplete information on the future work load and that a period
of at least a year should have been afforded to allow an accurate
assessment to be made of the impact of the implementation of the
Task Force recommendations. The Court recommends, accordingly,
that this decision should be rescinded and that the worker
concerned should be retained in employment. The worker, in turn,
should accept whatever duties are available within the
administrative/clerical area at her existing salary level.
The Court further recommends that the parties should resume
discussions as soon as possible on the other issues in dispute as
it appears to the Court that a point of resolution had almost been
reached between them.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD87526 THE LABOUR COURT LCR11310
CC87905 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 11310
PARTIES: IRISH SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN
(Represented by the Federated Union of Employers)
and
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
Subject:
Claim, by the Union on behalf of approximately 47 workers, for the
payment of outstanding increases and the withrawal of a workers
redundancy notice.
Background:
With reference to the Court's investigation into the matter, on
6th July, 1987, the following is the Court's recommendation:
RECOMMENDATION:
The Court, having considered the submissions made by the parties,
is conscious of the difficult financial situation facing the
Society arising from the reduced level of funding available. In
this connection the Court has noted the delays by the Department
of Health and by the various Health Boards in notifying the
Society of its allocation for 1987 and also of the postponement
until next year by the Department of Health of the re-imbursement
of lump sums and annual pensions paid by the Society to former
employees.
The Court has noted that the Report of the Task Force which was
endorsed by the National Executive of the Society has been the
subject of discussion with the Union and that all the staff
changes and redundancies recommended by the Task Force were
achieved following negotiations by the end of January, 1987.
The Court is of the view that the workers have made a significant
contribution towards assisting management in their efforts to
effect economies by their on-going co-operation in relation to
such matters as deferment of wage increases due, redundancies and
general structural changes in the Society.
The Court accepts that the opposition to a further redundancy was
greatly heightened by its unexpected announcement at a time when
negotiations regarding forfeiture or deferment of pay increases
were at an advanced and critical stage and before other aspects of
the Task Force Report had been fully implemented.
The need for cost cutting is a major thrust of the Task Force
Report and in this respect the Court is fully conscious of the
requirement on any voluntary body to exercise tight control over
its administrative costs. In this connection the Union has stated
that it is not questioning in principle the Society's right to
determine the appropriate staffing.
The Task Force also stressed the need for the Society to increase
its income through the development of a comprehensive programme of
voluntary committee development, the internal undertaking of work
done at present by outside consultants and the development of long
term financial planning. The impact of these matters will only
evolve over time and will impinge significantly on the work of the
Financial Controller.
In the circumstances it is the Court's view that the decision to
make the book-keeper redundant was rather hastily taken and with
incomplete information on the future work load and that a period
of at least a year should have been afforded to allow an accurate
assessment to be made of the impact of the implementation of the
Task Force recommendations. The Court recommends, accordingly,
that this decision should be rescinded and that the worker
concerned should be retained in employment. The worker, in turn,
should accept whatever duties are available within the
administrative/clerical area at her existing salary level.
The Court further recommends that the parties should resume
discussions as soon as possible on the other issues in dispute as
it appears to the Court that a point of resolution had almost been
reached between them.
~
Signed on behalf of the Labour Court
9th July, 1987 Nicholas Fitzgerald
B.O'N./P.W. Deputy Chairman