FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : FÁS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Failure by FÁS to adhere to its own Grievance & Disciplinary Procedures.
BACKGROUND:
2. This dispute concerns the Union's claim that FÁS acted in breach of its 'Industrial Relations Procedures Agreement' when it prevented the some of its employees from raising certain grievances related to an ongoing disciplinary process initiated against them by FÁS. SIPTU, on behalf of the employees affected, referred a case to the Labour Court on 23rd February, 2011, 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 30th June, 2011.
UNION'S ARGUMENTS:
3. 1. The disciplinary process initiated by FÁS has been fundamentally flawed from the start.
2. FÁS has refused to allow the Union to use agreed procedures to raise this grievance.
3.FÁS should agree to abide by the agreed procedures and deal with the Union's grievance concerning this disciplinary process.
EMPLOYER'S ARGUMENTS:
4. 1. FÁS has at all times complied with its own procedures.
2. As part of the disciplinary process, the Workers can submit any information in their defence.
3.Accordingly, FÁS submits that no issue arises.
RECOMMENDATION:
Having considered the submissions of both parties the Court finds that:-
- Management’s decision to withhold agreement to a joint referral of the issues in dispute to the Labour Court is consistent with the terms of the Industrial Relations Procedures Agreement.
- Issues that arise in the context of the disciplinary procedures now underway should be dealt with through the relevant Grievance and Disciplinary Procedures as appropriate.
- The Court notes management’s assurances that there will be no restrictions on the defences that may be advanced by anyone against whom allegations have been made arising out of the internal audit modular reports recently concluded within the Authority. In particular, the Court notes management’s assurances that the procedural fairness of the internal audit process and report on which the disciplinary allegations are based may be challenged as part of the disciplinary process and will be taken into account by the appropriate decision-makers.
The Court recommends accordingly.
Signed on behalf of the Labour Court
Brendan Hayes
20th July, 2011______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.