AD1692

FULL RECOMMENDATION

CD/15/265

APPEAL DECISIONNO.AD1692

(R-152847-IR-15)

INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

GALWAY COUNTY COUNCIL
(REPRESENTED BY LGMA)

- AND -

A WORKER
(REPRESENTED BY IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION)

DIVISION :

Chairman: Mr Foley
Employer Member: Ms Cryan
Worker Member: Ms Tanham

SUBJECT:
1. Appeal of Rights Commissioner's Recommendation R-152847-IR-14.

BACKGROUND:

2. The case before the Court concerns the Employer's appeal of Rights Commissioner's RecommendationR-152847-IR-14. The dispute relates specifically to a claim by the Worker in relation to changes to his terms and conditions of employment following his redeployment to an alternative position. The matter was referred to a Rights Commissioner for investigation and recommendation. On the 21st July, 2015 the Rights Commissioner issued his recommendation as follows:

"I recommend that the Claimant be reinstated to the roster and that all losses arising be restored".

On the 14th August, 2015 the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act 1969. A Labour Court hearing took place on the 23rd February, 2016.

The following is the Decision of the Court:

DECISION:

This is an appeal by Galway County Council (the Respondent) against a recommendation of a Rights Commissioner in relation to a claim made by the Claimant under the Industrial Relations Act, 1969 – 2015. The claim related to the Claimant’s non-placement on a roster which he asserted was a breach of the re-deployment provisions of the Public Service Agreement 2010 – 2014.

The Rights Commissioner found that the claim was well founded and recommended that the Claimant be re-instated to the roster and that all losses arising be restored.

Determination of the Court

At the outset of the hearing the Court sought clarity that the instant case related to the operation of the provisions of the Public Service Agreement 2010 – 2014 as they applied to re-deployment of Local Authority staff. The parties advised the Court that the matter related directly to that agreement and the within appeal related to a matter arising from the operation of the agreement in respect of the re-deployment of the Claimant from Monaghan County Council to Galway County Council.

The Court draws the parties’ attention to Clause 6.5.17 of their agreement, the Public Service Agreement 2010 – 2014, which states as follows:

Local dispute resolution

6.5.17 In the event of a dispute arising in relation to any aspect of the operation of this

scheme and/or a redeployment decision, the dispute will be referred by either party to an independent adjudicator agreed through the Local Authority National Council, who will
issue a decision within the terms of the scheme and whose decision will be binding.

The parties have, in the above clause, set out their joint agreement as to the procedure to be followed to resolve disputes such as that in the within appeal. That procedure is, according to the Respondent, current and operational within the sector.

Recommendation

The Court recommends that the parties should engage the agreed procedure at Clause 6.5.17 of the Public Service Agreement for resolution of disputes such as this matter. Both parties should, in all of the circumstances, cooperate fully with all arrangements made to deal with this matter promptly within that agreed procedure. The Recommendation of the Rights Commissioner is set aside.

Signed on behalf of the Labour Court

Kevin Foley
15th March 2015______________________
SCDeputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Sharon Cahill, Court Secretary.