FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BON SECOURS HEALTH SYSTEM - AND - A GROUP OF WORKERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Breach of Agreements and Industrial Relations procedures
BACKGROUND:
2. This case concerns a dispute between the Bons Secours Health System and SIPTU in relation to changes to terms and conditions of employment altered unilaterally by management. The Union contends that in circumstances where changes are to be made, however small, there should be consultation and negotiation with the Union and its members. Management contends that the necessary changes in the provision of catering services have been introduced to offset losses being incurred. Management contends that it not necessary to consult on these minor changes nor to provide compensation for the changes implemented.
The matter was referred to the Labour Court on 20th November 2012 in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Union agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 15th May 2013. The following is the Court's Recommendation:
RECOMMENDATION:
The Court is satisfied that the change giving rise to this dispute did involve an alteration in the conditions of affected staff, albeit a minor one. However the introduction of the change should have been preceded by consultation and discussion with staff through their union.
The Court recommends that if similar change is contemplated in the future adequate advance consultation should take place. The Court further recommends that an assurance to that effect should now be provided to the Union.
On that basis the current dispute should be regarded as resolved.
Signed on behalf of the Labour Court
Kevin Duffy
21st June 2013______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.