FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : FINGLAS CHILD & ADOLESCENT CENTRE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Mr Nash |
1. Non-payment of 2% due under Sustaining Progress and final 25% of Benchmarking.
BACKGROUND:
2. Finglas Child and Adolescent Centre is one of five detention schools for young offenders under the aegis of the Department of Education and Science. The claim before the Court is on behalf of care staff and chefs in relation to the Centre's failure to pay 2% due under Sustaining Progress on 1 December 2004 and the final 25% of the Benchmarking award due on 1 June 2005.
The dispute could not be resolved at local level 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 29th November, 2005, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20th December, 2005.
RECOMMENDATION:
For the reasons outlined in the course of the hearing it is imperative that a decision on the payment at issue be made without further delay.
Accordingly, the Court recommends that a definitive decision be taken within the process prescribed by Sustaining Progress, within one month from the date of this Recommendation, to either approve or withhold approval for these payments. In the event of the decision being adverse to the Union, the matter should be referred back to the Court pursuant to Section 20(2) of the Industrial Relations Act 1969. In that event the Court will facilitate the parties with the earliest possible hearing.
Signed on behalf of the Labour Court
Kevin Duffy
21st December, 2005______________________
MG.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Madelon Geoghegan, Court Secretary.