FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : COOMBE WOMEN'S & INFANTS HOSPITAL - AND - MEDICAL LABORATORY SCIENTISTS ASSOCIATION DIVISION : Chairman: Mr Hayes Employer Member: Ms Connolly Worker Member: Mr McCarthy |
1. Change to Work Pattern.
BACKGROUND:
2. The case before the Court concerns a dispute between the Employer and the Union on behalf of its member in relation to alleged changes in the Claimant's work pattern The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 7th November, 2016, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 16th June, 2017. The following is the Recommendation of the Court:
RECOMMENDATION:
The Court has given careful consideration to the extensive written and oral submissions of both parties to this dispute.
The Court notes that the Claimant, by agreement with Management, returned to work in 2006 as full-time Surveillance Scientist. The Respondent in 2015 sought to extend the Claimant’s work assignments outside of surveillance duties. The Claimant has resisted this reassignment of duties and relies on the 2006 agreement in this regard.
The Court finds that no agreement is immutable. All organisations change and develop and assigned duties must reflect that change and development. However such change must be managed in a clear, fair and coherent manner.
To this end the Court recommends that the parties engage, with the assistance of the WRC if appropriate, to identify the precise range of duties that will transfer to and from the claimant under the new working arrangements. Such discussions should be completed within eight weeks of the date of this recommendation. At the end of that period the parties should either conclude an agreement or refer all outstanding matters back to the Court for a definitive recommendation.
The Court so recommends.
Signed on behalf of the Labour Court
Brendan Hayes
6th July 2017______________________
SCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.