FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : ULSTER BANK GROUP - AND - IRISH BANK OFFICIALS' ASSOCIATION DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Nash |
1. Introduction of Minimum Competency Requirements For Qualified Financial Advisors (QFA)
BACKGROUND:
2. This case concerns a disute between the Ulster Bank Group and the Irish Bank Officials Assocaiation (IBOA) in relation to the introduction of Minimum Competency Requirements for Qualified Financial Advisors who are involved in the sale of financial products to the banks customers. The employer's position is that the requirements are laid down by the Central Bank and Financial Regulator to ensure staff involved in the sale of financial products are suitably qualified to do so and it is not possible for individual banks to deviate from the qualification process.
The Union position is that apart from those who have qualified, those who are in the process of qualifying or those who are considered qualified on the basis of previous experience, there may be a minority of staff among the transitional group unable to qualify at all for varying reasons. In these circumstances the Union is seeking that options be put in place which will protect the workers terms and conditions of employment if they are re-assigned to other roles within the bank.
The Union (on behalf of the workers) referred the matter to the Labour Court on 4th October, 2010 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 11th January, 2011.
UNION'S ARGUMENTS:
3 1 There may be legitimate cases wherby certain workers have failed to obtain the Minimum Competecy Requirements (MCR) and will be unable to obtain the qualifications in the future. In such circumstances such staff should be re-assigned to other roles in the bank at no loss to their current terms and conditions of employment.
2 It is unacceptable that in circumstances where numerous unsuccessful efforts have been made to attain the qualifactions that the workers will effectively suffer a demotion by way of re-assignment and pay reductions.
3 The Team Leader role should be excluded from the MCR requirement as they are not involved in supervising the Financial Advisors in relation to the sale of financial products. Team Leaders who are required to deputise for Bank Managers who are absent can opt into the process and achieve the required qualifications.
MANAGMENT'S ARGUMENTS:
4 1 The Bank did not introduce the new requirements but mut be bound by them. The Bank is not in a position to allow staff who have not qualified to be re-assigned and have their terms and conditions red-circled.
2 There are options available to those who have made attempts to attain the required qualification and who are still within that process yet may not have qualified by 1st January 2011.
3 Team Leaders must also attain the MCR as they are required to deputise for Managers who are absent from work.
RECOMMENDATION:
The Court is satisfied that the Minimum Competency Requirement Policy introduced by the Bank is a mandatory requirement and should be accepted as such by the Union. The Court notes that while it generally accepts the position in that regard the Union is concerned to ensure that those who through no fault of their own are unable to obtain the QFA qualification will not be disadvantaged in their employment. The Union also has reservations on the need to extend the requirement for the QFA qualification to team leaders.
Having considered the submissions of the parties the Court recommends that the Bank’s proposals be accepted subject to the following modifications: -
1. The opportunity to apply for an exceptional person exemption under the terms of the scheme should be extended to the end of the period of grace provided in the scheme.
2. Any individual who can establish compelling personal circumstances which may inhibit them in obtaining the requisite qualification should be favourably considered for an exemption under this arrangement.
3. Where an exemption is refused the individual concerned should have a right of appeal internally and an additional right of appeal should be provided to an external third party agreed between the Union and the Bank.
4. If circumstances arise where an individual, who is not afforded an exemption, fails to obtain the requisite qualification after all reasonable efforts to do so and due to no fault on their part, and he or she is not facilitated with an alternative role at a similar level, their position should be the subject of further discussions between the parties.
Team leaders
The Court accepts that team leaders are contractually obliged to deputise for branch managers from time to time. Accordingly the Court does not recommend that they be exempted from the Minimum Competency Requirement Policy. However the modifications recommended above should apply equally to this category.
Signed on behalf of the Labour Court
Kevin Duffy
20th January 2011______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.