FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : NATIONAL GALLERY OF IRELAND - AND - THREE WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Mr Doherty Worker Member: Mr O'Neill |
1. 1. Under-resourcing of HR Department, with particular reference to non-filling (pre-recruitment moratorium) of a post, and salary / grading levels. 2. Conflict around the role of HR and HR practices.
BACKGROUND:
2. This case arose from the Workers' concerns about how human resources issues are dealt with in the National Gallery of Ireland. The Workers referred their case to the Labour Court on 11th November, 2009, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Workers agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 26th March, 2010.
UNION'S ARGUMENTS:
3. 1. Senior Management have refused to engage in a meaningful manner with the Workers or their Union.
2. This Employer is failing to deal with the Workers in a fair and transparent manner.
3.The Workers request the Labour Court to order an independent investigation into this dispute.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer accepted the recommendations of an independent consultant's report that several positions in the National Gallery should be upgraded.
2. The Employer is, however, constrained by the current moratorium on recruitment and promotion withinh the public services.
3.The Employer believes that an independent facilitator should be engaged to assist both parties resolve local difficulties.
RECOMMENDATION:
In relation to the issues before it the Court recommends as follows: -
Resourcing of HR Department
The Court recommends that when a suitable opportunity presents itself the Gallery should seek to fill the vacancy in issue.
Grading
The Court recommends that when the moratorium on promotions is lifted the Gallery should endeavour to have the consultants finding implemented.
Role, Functions and Practices of HR Department
It is clear to the Court that serious issues exist around the functioning of the HR Department, which should be addressed as a matter of urgency.
The Court proposes to appoint an assessor to investigate the role, functions and practices of the HR Department and to report to the Court. The Court will then make definitive recommendation on this matter. It is anticipated that this process will not extend beyond a period of three months.
The Court recommends that the Galley undertake to meet the costs of the assessor and that both parties cooperate fully with the assessor in conducting his investigation.
On being informed of acceptance of this Recommendation, the Court will communicate with the parties giving the name of the assessor.
Signed on behalf of the Labour Court
Kevin Duffy
12th April, 2010______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.