FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE - AND - A WORKER (REPRESENTED BY TERENCE F. CASEY & CO. SOLICITORS) DIVISION : Chairman: Mr Foley Employer Member: Ms Doyle Worker Member: Mr McCarthy |
1. Hours of work
BACKGROUND:
2. The case before the Court concerns a claim by the Worker in relation to hours of work. It is the Worker's claim that due to a change in work practices there is currently no rotations of assignments taking place following her relocation to an alternative work location, which has resulted in an unfavourable and unfair pattern of work.
On the 12th, December 2018 the Worker referred the issue to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 3rd July, 2019.
The Worker agreed to be bound by the Court’s Recommendation.
The following is the Recommendation of the Court:-
RECOMMENDATION:
The Court has given careful consideration to the written and oral submissions of the parties.
The matter before the Court in this trade dispute concerns certain arrangements which were put in place as a result of a collective agreement between the employer and the Trade Union representing the grade of workers of which the Claimant is a member. The Claimant was a member of the Trade Union concerned at the time of conclusion of the agreement in 2017. The Court understands that the Trade Union concerned has, in 2019, confirmed the continuing agreement of its members to the arrangements put in place by the 2017 collective agreement. The Court understands that it is the practice of the employer to engage with a Trade Union for the purposes of determining terms and conditions of employment for the grade of worker of which the Claimant is a member.
The Court concludes that the Claimant seeks to set aside elements of a collective agreement with which she disagrees.
In all of the circumstances the Court finds that arrangements which are put in place by way of collective agreements in this employment can only be disturbed by way of collective engagement and subsequent agreement.
The Court does not recommend concession of the within claim.
Signed on behalf of the Labour Court
Kevin Foley
17th July 2019______________________
SCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.