FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : I.B.L.S. - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Incomplete grievance procedure.
BACKGROUND:
2. This dispute concerns the Union's claim that the Company's grievance procedure is incomplete. The Union referred this case to the Labour Court on 19th December, 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 on10th October, 2012.
UNION'S ARGUMENTS:
3. 1.The Workers have many years of employment with the Company.
2.The Company has unilaterally withdrawn the Workers' to avail of the State's industrial relations machinery.
3.The Workers are demanding the reversal to this unilateral change to their terms and conditions of employment.
COMPANY'S ARGUMENTS:
4. 1.The Company rejects the Union's claim that its grievance procedure is incomplete.
2.The Company's grievance procedure is an internal process that complies with all normal business standards.
3.There is no requirement for the Company's grievance procedure to contain a provision requiring a referral to an external independent third party.
RECOMMENDATION:
The issue before the Court brought under Section 20(1) of the Industrial Relations Act, 1969 and concerns the Union’s claim for the inclusion of a reference to third party institutions in the Company’s Grievance Procedure.
Having considered the submission of both parties the Court recommends that the Grievance Procedure should be amended to include the right to refer a grievance to a third party industrial relations institution. The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
13th November, 2012______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.