ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00002113
Parties:
| Complainant | Respondent |
Parties | A Consultant | A Hospital |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00002858-001 | 25/02/2016 |
Date of Adjudication Hearing: 19/04/2017
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute(s).
Preliminary Issue
The Respondent’s view under Section 13 (2) of the Industrial Relations Acts as that this issue is a collective issue and the Adjudicating Officer has no jurisdiction to hear it.
The respondent submitted the following ;
“The Health Service Executive and the respondent is that the Matter is a collective issue as it arises directly from a national agreement between the Irish Medical Organisation on behalf of the claimant and his colleagues and health service employers regarding the implementation of Labour Court Recommendation 20403.
The note contained in this Recommendation stated that the parties agreed to a binding recommendation from the Labour Court in respect of a dispute regarding Consultant Rest Days and that the issue fell within the scope of the Public Service Agreement. Taking that into account the issue of Consultant Rest Days was subject to collective negotiation under the Public Service Agreement and binding arbitration under that agreement. The parties then collectively agreed how to implement that binding arbitration. It is on that basis that this Matter is not for renewed consideration or arbitration in respect of individual consultants but should instead be referred back to the Workplace Relations Commission or the Labour Court as a collective dispute.”
Findings
Additional information was received on the 29th May 2017 from the respondent . I find that having considered the submissions the issue before me has already been the subject of collective negotiation under Public Service Agreement and Labour Court Recommendations with binding arbitration.
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Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute in relation to the implementation of that agreement should be referred back either to the National Implementation Body or the Labour Court
Date: 6th July 2017
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
Industrial Relations Acts1969 |