FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : TRANSDEV IRELAND LTD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Outstanding non-cost increasing issues following Labour Court Recommendation no 21241.
BACKGROUND:
2. This dispute relates to a number of outstanding non-cost increasing issues following Labour Court Recommendation no 21241. During the hearing both sides confirmed the only issue before the Court would be the Just Culture Policy.
- 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 4 May 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 28 June 2017.
UNION’S ARGUMENTS:
3. 1. The Union considers the Company’s actions in altering the Just Culture Policy as a retrograde step for staff/management relations which also has negative ramifications for safety.
2. Any infringement or Safety Significant Action (SSA) reported should be dealt with in a collaborative manner to educate all drivers. It should be a learning experience that benefits all.
3. If employees fear disciplinary action they will be less likely to report incidents.
EMPLOYER'S ARGUMENTS:
4. 1. The Company must reserve the right to discipline employees for safety infringements where deemed necessary and appropriate.
2. The Company operates a Just Culture Policy where employees are not punished for once off unintentional omissions or decision.
3. However, within a just culture, repetitive unintentional safety related incidents, serious negligence and a deliberate breach of safety cannot be tolerated.
RECOMMENDATION:
A range of matters were referred to the Court by the Workplace Relations Commission. By agreement between the parties a range of those matters were withdrawn from the Court at the hearing. The parties confirmed to the Court that the remaining matter before the Court related to the ‘Just Culture’ policy in operation in the company. The ‘Just Culture’ policy had emerged by agreement from dialogue between the parties in 2013.
The parties in their submissions to the Court set out significant detail as regards the importance from a safety perspective of the ‘Just Culture’ policy. The parties, in their submissions, asked the Court to consider matters associated with safe Tramway operations. Indeed the company asserted to the Court that ‘Any further concessions or further changes in our policy may have a consequential knock on effect on the safety of our operations’. The Trade Union for its part asked the Court to consider comments by ‘two of the top experts in the field of Human Factors and whose view is that a Behavioural Based Safety approach to performance management or Safety improvement is not efficient and is ineffective’.
The Court is of the view that the parties are disagreed as to optimal practice in operation of the ‘Just Culture’ policy in the interest of ensuring safety on the Tramway. The Court notes that correspondence has taken place on the matter with the Commission for Railway Regulation as recently as February 2017. The Court also notes that data supplied for 2016 and 2017 suggests that there is a very low incidence of disciplinary sanction in respect of safety related events in this company. Finally, the Court notes that no consideration has been given to the matter before the Court in the context of the framework in place in the company to consider safety matters.
The Court does not consider it appropriate to express a view which would purport in any substantive way to address a dispute between the parties as regards optimal safety procedures on the Tramway. The Court is satisfied that appropriate internal and external safety and regulatory structures are in place elsewhere to consider such matters.
In all of the circumstances the Court recommends that the parties, in furtherance of their joint commitment to safety on the Tramway, should engage through appropriate safety structures to consider any concerns as regards the operation of the ‘Just Culture’ policy in the context of safe tram operations.
Signed on behalf of the Labour Court
Kevin Foley
CR______________________
7 July, 2017Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.