FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN INSTITUTE OF TECHNOLOGY - AND - TEACHERS' UNION OF IRELAND DIVISION : Chairman: Ms O'Donnell Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Breach of the Lansdowne Road Agreement in respect of Circular Letter 41/2016.
BACKGROUND:
2. This dispute relates to a claim that the Dublin Institute of Technology has breached the Lansdowne Road Agreement in respect of Circular Letter 41/2016.
- 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 26 June 2017 in
accordance with Section 26(1) of the Industrial Relations Act, 1990.
- A Labour Court hearing took place on the 9 August 2017.
RECOMMENDATION:
The case before the Court concerns a dispute between Dublin Institute of Technology (DIT) and the TUI in relation to the Unions claim that DIT have breached the Lansdowne Road Agreement in connection with the Cush Report and Circular Letter 41/2016.
The Court having read all the papers submitted raised a concern with the parties in relation to the possibility of national implications arising from the issues before it.
In response to questioning from the Court both parties confirmed that these issues did have national application.
No information was supplied to the Court in relation to how these issues were addressed in other Institutes of Technology covered by the Cush report.
Recommendation
The Court notes that it is agreed that this dispute has come before it under the terms of Clause 4.1 of the Public Service Stability Agreement 2013-2018 (The Lansdowne Road Agreement) and the decision of the Court is binding on the parties.
In view of the above the Court recommends as follows:
a)The parties should go back to national level discussions and ascertain how the Cush report and Circular Letter 41/2016 are being applied across all the Institutes, andb)They should also ascertain what methodology is being applied in other Institutes of Technology where additional hours become available.
If it transpires that at national level there is not a common approach then the issues should be processed in the normal way at national level.
If, following the above process it transpires that there are issues which are pertinent to DIT only, those issues can be referred directly back to the Court for a binding decision.
Signed on behalf of the Labour Court
Louise O'Donnell
CR______________________
14th August, 2017Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.