FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : TRINITY COLLEGE DUBLIN - AND - A GROUP OF WORKERS (REPRESENTED BY IRISH FEDERATION OF UNIVERSITY TEACHERS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Industrial Relations Issues.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union on behalf of two if its members in relation to the Employer's alleged breach of industrial relations procedures. On the 27th August, 2012 the Union referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 7th December, 2012. The Union agreed to be bound by the Court’s Recommendation.
RECOMMENDATION:
The matter comes before the Court under Section 20(1) of the Act.
The issues before the Court relate to a number of alleged breaches of the terms of the Public Service Agreement 2010-2014. The Court notes that the Agreement makes provision for the procedures to be followed where the parties disagree on the application of its terms to the facts of any specific case. In this case the Employer had, for reasons outlined to the Court, initially refused to use those procedures hence the reference of the matter to the Court under Section 20(1) of the 1969 Act. However, following recent developments, the Employer is now in a position to engage with the Union in accordance with the procedures set out in the Agreement.
The Court considers it inappropriate to address the substantive issues referred to it until they have been processed in accordance with the provisions of the Public Service Agreement 2010-2014.
Accordingly, the Court recommends that the parties, without further delay and with a view to reaching an agreement on all of the issues outstanding, progress the matters in dispute in accordance with the procedures and timescales set out in the Public Service Agreement.
The Court also recognises that some aspects of the issues in dispute emanate from decisions taken by Government and cannot be altered by the College. The Court recommends that the relevant parties address those items in the discussions with Government scheduled to commence shortly. The outcome of those discussions should thereafter be applied in a manner consistent with the terms of the Agreement, to the Claimants in this case.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
21st December 2012______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.