FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LAOIS COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Dual payment of wages.
BACKGROUND:
2. Laois County Council are in dispute with the Union over the Council's proposal under its local action plan to eliminate 'dual payments' for the 4 Retained Firefighters in the fire service who also have other substantive full time posts with the Council.
The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 24th May, 2012, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 12th September, 2012.
UNION'S ARGUMENTS:
3. 1. To penalise Council staff for having to respond on occasions to an emergency call during the daytime working hours by reducing their pay and pension is unfair and in breach of the Public Service Agreement. Any deductions already made to date should be reimbursed to those affected.
2. The matter should be referred to the National Local Authority Implementation Group as the issue has implications for other staff around the country.
COMPANY'S ARGUMENTS:
4. 1. When fire calls arise during normal working hours they currently receive payment for both roles despite the fact they are only in attendance at one job. In order to introduce greater efficiencies, eliminating unnecessary costs and improving productivity the practice of 'dual payments' must be removed.
2. The Council has fully complied with the provisions of the Public Service Agreement and has agreed to pay compensation for losses associated with the proposal.
RECOMMENDATION:
The Court notes that the outcome of this case will have implications for other Local Authorities. In these circumstances the appropriate procedures provided for by the Public Service Agreement 2010 - 2012 should be utilised before the matter is dealt with by the Court.
The Court recommends that the question of whether or not the dual payments now in issue should be discontinued be now referred to the Local Authority Implementation Group in accordance with the PSA. If agreement is not reached the matter may be referred back to the Court in normal procedures.
Signed on behalf of the Labour Court
Kevin Duffy
5th October, 2012______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.