FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GE ENERGY IRELAND LTD - AND - A WORKER (REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Various Issues
BACKGROUND:
2. This case concerns dispute between the Company and a former staff member in relation to unilateral changes to shift patterns and a direction from the Company that the worker engage in GCT (Gas Commodity Trading) without negotiation or agreement. The Union is seeking that meaningful negotiations take place in relation to changes to the workers terms and conditions and that an increase in remuneration be provided for acceptance of same.
The worker referred the matter to the Labour Court on 12th May 2015 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 28th October 2015.
UNION'S ARGUMENT:
3 1 Management acted unfairly in changing the worker's terms and conditions of employment without negotiation or agreement. If changes to established terms and conditions are to be considered, proposals should be brought forward and discussions take place between the parties.
COMPANY'S ARGUMENTS:
4 1 Management cannot address the Union's claim as the worker has retired and is no longer employed by the Company.
RECOMMENDATION:
In this case the claim submitted on the Claimant’s behalf is for the Company to enter into negotiation with him in relation to aspects of his conditions of employment and for his restoration to a shift pattern on which he was previously employed.
Since the submission of that claim the Claimant has retired and is no longer employed by the Company. Consequently, the concession of this claim could have no practical relevance to the Claimant.
In these circumstances the Court does not recommend concession of the claim.
Signed on behalf of the Labour Court
Kevin Duffy
13th November 2015______________________
AHChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.