FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE WEST - AND - PNA DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Closure of St. Brigid's.
BACKGROUND:
2. This dispute concerns the Union's claim that the Employer failed to consult with it before deciding to close St. Brigid's. The Union referred this case to the Labour Court on 26th February, 2014, 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 on 15th February, 2012.
UNION'S ARGUMENTS:
3. 1. The Employer made this unilateral decision without prior discussion or consultation with the staff concerned.
2. The decision making process was secretive, flawed and in breach of agreed procedures.
3.An independent review of the decision-making process should be carried out.
EMPLOYER'S ARGUMENTS:
4. 1. The decision to close St. Brigid's was a direct result of Government policy.
2. The Employer has no option but to implement such policy.
3. There has been considerable engagement between the Employer and the staff affected by this decision.
RECOMMENDATION:
Having carefully considered the submissions of all parties to this dispute the Court finds that, consistent with the terms of the Consultation Agreement in place, Management should have consulted with the relevant trade unions before it took a decision to close the relevant facility in this case. The Court further recommends that Management take the steps to ensure compliance with that Agreement regarding such decisions in the future
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
20th October, 2014______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.