FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN CITY COUNCIL (DUBLIN FIRE BRIGADE) - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Ms Ni Mhurchu |
1. Grievance procedures.
BACKGROUND:
2. The Complainant, an Officer with Dublin Fire Brigade has cited the following passages from the Employer's Health & Safety Statement and Grievance Procedure to support his allegations:-
"Consultation must made in advance and in good time so as to allow employees time to consider, discuss and give an opinion on the matters before managerial decisions are made. The information given under Section 9 of the 2005 Act must be sufficient to allow employees to participate fully and effectively in the consultation process. The difference between providing information and consultation should be noted. Consulting employees involves listening to their views and taking these into account as part of the decision-making process".
" It is critical that all staff that are affected by a proposal that is ready for discussions with Unions are kept fully informed by you before, during and at the conclusion of the process".
The Worker claims that actions taken by Management have rendered him at a disadvantage with regard to his peers who are members of a Trade Union.
On the 7th December, 2011 the Worker 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 11th April 2012. The Court was informed through correspondence dated 14th February 2012 that Dublin City Council was not in a position to attend the hearing.
The Worker who was represented in Court agreed to be bound by the Court’s Recommendation.
WORKER'S ARGUMENTS:
3. 1. Dublin Fire Brigade has failed in their obligation to adhere to its own Grievance Procedures and failed to provide the Claimant his right to consultation and information as set out in the circular "Communication of the Croke Park proposals to Staff".
2. Dublin Fire Brigade should give an undertaking to respect the Worker's rights in the future.
RECOMMENDATION:
Having considered the submission made on the Worker's behalf the Court recommends that the issues before the Court be dealt with through the established industrial relations machinery within the Dublin City Council.
Signed on behalf of the Labour Court
Kevin Duffy
10th May, 2012______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.