FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Hearing arising from LCR20116 and LCR20117.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Unions in relation to issues arising from Labour Court Recommendations LCR20116 and LCR20117, issued by the Court on 15th July, 2011. A Labour Court hearing took place on 26th September, 2011. The following is the Recommendation of the Court:
RECOMMENDATION:
- This Recommendation is supplemental to Recommendations LCR20116 and LCR20117 issued on 15th July 2011 (the “original Recommendations”) and should be read in conjunction with those Recommendations. In the original Recommendations the Court dealt definitively with certain issues in dispute and these matters are not addressed in this Recommendation. In respect to other matters forming the subject of the earlier referral, the Court recommended, amongst other things, that the parties should agree that staff transferring from the HSE to the DSP would have their existing terms and conditions of employment protected and should neither improve nor diminish in consequence of the transfer.
The Court now wishes to restate that general guiding principle and the recommendations which follow are formulated by the application of that principle. For the avoidance of doubt the Court wishes to confirm that the expression “terms and conditions of employment” includes pay.
In these recommendations the headings used are those used in the HSE’s submission to the Court: -
1 Full Integration of Pay, Superannuation, Annual Leave and Working Hours- The Court accepts that the position outlined by the HSE in its submission under this heading meets the requirements of the original recommendations. Accordingly the Court recommends that, as proposed, staff transferring retain their current pay, superannuation, annual leave and working hours on a personal to holder basis.
2 Grading
The Court accepts that the position outlined by the HSE in its submission under this heading meets the requirements of the original recommendations. The Court notes, however, that the Unions have objections to those below the minimum point of the HEO scale being denominated as ‘Transition Higher Executive Officers’.
In light of this objection, and on the understanding that meeting the Unions’ objections would not have cost implications, the Court recommends that the description ‘Transition’ in the title of the post be deleted but without prejudice to the substance of the HSE’s proposals. As so modified those proposals should be accepted.
- The Court accepts that the position outlined by the HSE in its submission under this heading meets the requirements of the original recommendations.
The Court believes that some reasonable safeguard against unfair or arbitrary reassignment of duties resulting in loss of allowances should be put in place. Accordingly the Court recommends that for the two-year period following the date of transfer an ad hoc appeals process be put in place involving an agreed adjudicator to deal with any claim by an individual that an allowance was lost in such circumstances. This should not interfere with the provision in the original recommendation on assignment of duties.
4 Regularisation of Long Term Actors
The Court accepts that the position outlined by the HSE in its submission under this heading meets the requirements of the original recommendations and should be accepted.
5 Annual Leave and Working Hours (on Regularisation)- Consistent with the original recommendation, the annual leave and working hours of those regularised in accordance with 4 above should neither be improved nor diminished and should be retained on a personal to holder basis pending agreed general standardisation of these terms.
6 Collective Agreements- The Court accepts that there are practical impediments to any grade being encompassed by two collective agreements dealing with the same subject matter. Accordingly the Court recommends that where there is a collective agreement governing transferring staff and a collective agreement covering the same matters covering the grade into which they are transferred, the latter agreement should prevail.
7 Option to Transfer- Without prejudice to the position of either party on the general applicability of Paragraph 6.1.26 of the PSA to these transfers, the parties should put in place an appeals system analogous to that provided for by that Paragraph.
These recommendations represent the final and definitive terms upon which the transfer in issue should proceed.
Signed on behalf of the Labour Court
Kevin Duffy
27th September 2011______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.