FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES: ROAD SAFETY OPERATIONS IRELAND UNLIMITED COMPANY T/A GO SAFE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION:
SUBJECT: 1.Appeal Of Adjudication Officer Decision No(S)ADJ-00032492, CA-00043026 This is an appeal by the Workers of an Adjudication Officer’s decision. The Adjudication Officer noted that the Employer had made improvements to the process in dispute which should ensure fair procedure going forward and, on that basis, made no further recommendation. Summary of Worker’s submission The Union on behalf of the Worker submitted that the process carried out in 2020 for the election of Forum representative was flawed and not as per the Forum’s constitution. The Employer had a Forum in place which acts as a mechanism for monitoring Operators and Office staff to raise work related issues. In 2020 the Worker put his name forward as a candidate. There were two candidates in his area. On the 13thAugust 2020 via email he was informed that the vote was tied at 6 a piece and that it was proposed to extend the voting until the 19thAugust 2020 to allow people who had not voted and someone who was on holidays to vote. This was the first indication that the Worker had that the ballot was not a secret ballot as provided for in the Forum’s constitution. The Worker raised these issues with the Employer and requested that the ballot be run again as a secret ballot. This request was rejected. The Worker then lodged a formal grievance which was not upheld. The Union on behalf of the Worker submitted that the Worker was seeking that fairness would apply and was looking for compensation. Summary of Employer’s submission The ballot in question was held in the same manner as all previous ballots and was done by email. The Employer accepts that the recipient of the email ballot was a member of the administrative staff and could see who had balloted and how they had cast their vote. They accepted that this could not properly be classed as a secret ballot. When the Worker raised the issue with them, they brought it to the Forum. It was agreed that all Worker’s would be balloted by postal ballot and given the two options;ACurrent forum representatives would remain in place or,Bthey would rerun the entire process. The majority of workers voted forA,that the current forum representatives would remain in place. Their term of office is due to expire in and around January 2023 or when a pay deal is achieved. It was also agreed that going forward any election would be facilitated by an agreed third party. The Employer has taken on board the concerns that the Worker has raised and has sought to address them through the Forum. Decision The Court having listened carefully to the submissions of the parties finds that the Employer once the issue had been brought to its attention sought to rectify it and had balloted all Worker’s on two possible solutions. The outcome of that ballot was that the elections should not be rerun. To rerun an election at that stage against the wishes of the majority of staff would fly in the face of democracy. New procedures have been put in place for any future elections. Taking all the above into account the Court cannot see any basis for awarding compensation. The Decision of the Adjudication officer is upheld
NOTE Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary. |
