FULL RECOMMENDATION
(CCc-126641-12) INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
NATIONAL UNIVERSITY OF IRELAND GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
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SUBJECT:
1. Re-Instatement of salary and conditions associated with position held prior to redeployment.
BACKGROUND:
2. This case concerns a dispute between the National University of Ireland Galway (NUIG) and SIPTU in relation to a claim for the reinstatement of previous terms and conditions prior to the worker being redeployed. The Union is seeking the reinstatement on the basis that the worker was redeployed within the context of the Public Service Agreement (PSA 2010-2014) which existed at the time and that this should not have resulted in any loss of established terms and conditions of employment.
The employer's position is that the worker was previously on a Fixed Term contract which was due to expire. It contends that the worker accepted the new role rather than redundancy at the end of the Fixed Term contract.
The matter was not 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 3rd April, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 25th September 2013.
UNION'S ARGUMENT:
2. 1. The worker in this case was redeployed within the College at the end of her Fixed Term contract. Under the Public Service Agreement ( PSA) 2010-2014 workers who are redeployed should not incur any loss to their terms and conditions of employment.
MANAGEMENT'S ARGUMENT:
3. 1. The worker was initially employed on a Fixed Term contract which was due to expire. The practice in the College is to offer staff alternative roles rather than implementing redundancies. In this case the worker was offered an alternative job, albeit on lesser terms and conditions but accepted the role on offer rather than being made redundant.
RECOMMENDATION:
The Court is not satisfied that the Claimant in this case was redeployed within the meaning of the Public Service Agreement. Rather, she was offered and accepted her current post as an alternative to redundancy. In these circumstances the Court cannot recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
3rd October, 2013.______________________
AH.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.