FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CENTRAL FISHERIES BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Carberry Worker Member: Mr. Somers |
1. Permanent status for long term temporary staff.
BACKGROUND:
2. Embargoes on the appointment of permanent staff in the mid 1990's and December, 2003 have resulted in temporary staff being recruited. The claim is that those staff be made permanent.
The issue was addressed in a Labour Court Recommendation No. 16093 in February, 1999. A Cap Gemini review, commissioned by the Department the Marine and Natural Resources, also addressed the issue and laid out an implementation plan.
- The matter remained unresolved and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 23rd of July, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 31st of March, 2004, the earliest date suitable to the parties.
3. 1. The workers concerned have, by definition, been occupying permanent ongoing positions.
2. The workers have the same terms an conditions as permanent staff but remain designated as temporary, not permanent.
3. The concession of permanency on these workers would not incur any additional cost for the Fisheries Boards.
MANAGEMENT'S ARGUMENTS:
4. 1. Management contend that it is not reasonable or justifiable to convert all temporary posts to permanent status.
2. The Board has a restricted headcount of permanent posts which can only be filled in line with Government policy.
3. A fundamental review is currently underway, which will deliver a root and branch examination of the State's role and objectives in the inland fisheries sector.
RECOMMENDATION:
The issue of permanent status for long term temporary Fishery Officer members has been the subject of a number of considerations over the years.
In 1999, A Labour Court recommendation, accepted by both sides, recommended that an agreement on the issue should be concluded within 4 months.
Subsequently a review by consultants commissioned by the Department recommended "that the practice of employing personnel on successive months should be discontinued" and went on to say that those who have been on such contracts should be offered permanent contracts.
The Court, having considered the written and oral submissions made by the parties and taking into account the history of this claim finds that the Union claim has merit and should be conceded. The Court, therefore, recommends that the parties enter into discussions in order to agree the method of implementation of this change in employment.
Signed on behalf of the Labour Court
Finbarr Flood
12th May, 2004______________________
MG.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.