FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY UNIVERSITY - AND - IFUT DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Connolly Worker Member: Ms O'Donnell |
1. Claim for the implementation of an agreement.
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 9 February 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 31 March 2017.
UNION’S ARGUMENTS:
3. 1. An agreement made during the Incorporation negotiations of The Church of Ireland College of Education into Dublin City University has not been implemented.
2. The Union had accepted in good faith that the posts for promotion would be sanctioned and allowed the incorporation progress.
3. Successful applicants for promotion have suffered financial losses.
EMPLOYER'S ARGUMENTS:
4. 1. The University are committed to the agreement reached at conciliation on the 4th March 2016.
2. The University accepts that the situation is unfair on the staff members involved.
3. The process was completed pre-Incorporation and relates to another institution which was a separate legal entity.
RECOMMENDATION:
The dispute before the Court relates to the Union’s claim for implementation of an agreement reached at the Workplace Relations Commission on 4thMarch 2016 to upgrade academic staff prior to the incorporation of the former Church of Ireland College of Education (CICE) into DCU. While the agreed process for upgrading was implemented and completed on 29thSeptember 2016, two days before the incorporation date, it was not sanctioned by the Department of Education and Skills therefore the upgrades did not take effect.
Having considered the submission of both sides the Court recommends that the WRC Agreement dated 4thMarch 2016 should now be fully implemented and those employees who were accordingly upgraded should be appointed in accordance with its terms with effect from 29thSeptember 2016.
The Court so Recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
LS______________________
3 April 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Louise Shally, Court Secretary.