FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SLIGO BOROUGH COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation No. IR7316/01/TB.
BACKGROUND:
2. The worker has been employed as a General Operative with Sligo Corporation since 1988. Prior to 1999, the worker was assigned as a barrow man. In 1999, Sligo Corporation indicated it wished to introduce a mechanised street sweeping system. The barrow men were then reallocated to other duties within the Corporation.
The worker was assigned to the gardening section for 3 years assisting the gardener. The worker was also one of the relief crew on the mechanised street sweeping operation. In July, 2001, the worker was injured and was off work for a number of weeks. On his return to work in September, 2001, he returned to gardening duties. The next day he was transferred out of gardening. The worker objected to his re-assignment.
Sligo Borough Council say that while the claimant was on gardening duties for a period, it did not mean that he was permanently assigned to gardening.
The dispute was referred to a Rights Commissioner for investigation and recommendation. His recommendation issued on the 21st of February, 2002, as follows:-
- “I recommend that the claimant should be appointed to one of the six gen ops positions in the newly created parks division when that is finally agreed .”
COUNCIL'S ARGUMENTS:
3. 1. There are only two General Operative positions in the Parks Department in the restructuring proposal at present under negotiation with SIPTU.
2. Negotiations on a staff re-organisation package are ongoing which aim to protect and clarify working arrangements for employees, to achieve more cohesive work units in the organisation and create new opportunities for staff.
3. The Council wish, at all times, to maintain the right to assign and re-assign employees as circumstances may require.
4. Reversal of the re-assignment would set a precedent.
UNION'S ARGUMENTS:
4. 1. Seniority for the worker has not been upheld. This could have serious repercussions for the entire workforce.
2. Members have always co-operated in regard to flexibility and interchangeability on the understanding that seniority was applied where re-assignment was necessary.
3. Three general operatives with less experience in gardening remained in their positions.
4. Two new recruits have recently been brought in to assist in the garden.
DECISION:
The Labour Court gave careful consideration to the written and oral submissions of the parties. Both sides appealed the Rights Commissioner's recommendation, the Trade Union appealed on the fact that the seniority question was not dealt with, the Management appealed to maintain their right to assign and reassign employees to different work areas as circumstances require.
Both sides informed the Court that they are at an advanced stage of negotiation on a staff reorganisation package, which aims to protect and clarify working arrangements for employees to achieve more cohesive work units in the organisation and create new opportunities for staff.
The Court notes that at present the gardening section is part of the Road's Department and the new proposal might change that situation, going forward in all of the circumstances of the case, the Court upholds the appeal of Sligo Borough Council to assign and reassign employees as circumstances require, and would further urge both sides to finalise the staff re-organisation package as soon as possible.
Accordingly, the Rights Commissioner's recommendation is overturned and the management's appeal is upheld.
Signed on behalf of the Labour Court
Caroline Jenkinson
10th June, 2002______________________
CH/MBDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Caroline Hayes, Court Secretary.