FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : HSE SOUTH - AND - INMO DIVISION : Chairman: Mr Hayes Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Withdrawal of an agreement on Incremental Credit.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union in relation to the cessation of incremental credit payments. It is the Union's claim that an inequity exists whereby a number of Workers continue to receive incremental credit while others have lost this payment. The Employer rejects the Union's claim, arguing that in accordance with the Haddington Road Agreement incremental credit has been withdrawn from all employees.The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations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 12th April, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place in November, 2013 and in July, 2014.
UNION'S ARGUMENTS:
3. 1. It is the Union's claim that incremental credit has been unilaterally withdrawn by the Employer.
2. The Union maintains that incremental credit continues to be paid to approximately 50 Workers at present.
3. The Union asserts that incremental credit continues to be paid to Workers in acting-up positions.
EMPLOYER'S ARGUMENTS:
4. 1. It is the Employer's position that the matter of incremental credit is encompassed in a National Agreement on the issue of regularisation of workers in acting-up positions.
2. The Employer contends that there are no such employees currently receiving incremental credit payments.
2. The Employer further contends that the Union's claim is cost-increasing and is precluded under the current Public Service Agreement.
RECOMMENDATION:
Having considered the submissions of both parties to this dispute the Court finds that the Union's claim is comprehended by the agreement on the regularisation of staff in long term acting positions that was concluded as part of the Haddington Road Agreement and cannot now be reopened before this Court.
Accordingly the Court does not recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Brendan Hayes
29th July 2014______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.