ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002592
| Worker | Employer |
Anonymised Parties | A Worker | A Manufacturing Employer |
Representatives | Unite the Union | IBEC |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00002592 | 03/05/2024 |
Workplace Relations Commission Adjudication Officer: Louise Boyle
Date of Hearing: 19/08/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings.
Background:
The worker submits that after all his years of service he is treated unfairly by the employer in their management of employee transfers across departments. |
Summary of Workers Case:
The worker is employed with the employer for 30 years and applied for a role within the organisation but was unsuccessful. The worker and employer are bound by a well-established company union agreement. The employer has sought to make changes that is outside the content and spirit of the company agreement and which has negatively impacted the worker owing to how transfers within the department are actioned. The worker has been left in the situation whereby after all his years of service he can be transferred to wherever the employer requests. The union are awaiting dates for the services of the conciliation services of the WRC to deal with related but different issues. The worker has progressed his dispute through the grievance procedure and is unhappy with the outcome. |
Summary of Employer’s Case:
The employer submits that the matter impacts a number of employees and the matter is also before the conciliation services of the WRC. The employer has not breached the terms of the company union agreement and had they allowed the worker to transfer they would been in breach of the company union agreement. Transfers are based on seniority and an established LIFO process and in line with the existing Union/Management collective agreement. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The dispute in front of me appears to arise from what the worker sees as the failures of the employer to facilitate his transfer and that after 30 years employment the worker appears to have no ‘department home’. The company union agreement would also appear to be a key corner stone to maintaining good employment relations within the organisation.
Section 13. provides that —(1)
(2) Subject to the provisions of this section, where a trade dispute (other than a dispute connected with …..a body of workers) exists or is apprehended and involves workers within the meaning of Part VI of the Principal Act, a party to the dispute may refer it to a rights commissioner.
Having heard all the submissions from the parties it would appear to me that the matter affects a body of workers and that I have no jurisdiction to hear this instant dispute. I would suggest that the matter should be addressed as a matter of urgency at local level and parties should thereafter utilise the appropriate industrial relations forum to deal with this collective issue. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Having heard all the submissions from the parties it would appear to me that the matter affects a body of workers and that I have no jurisdiction to hear this instant dispute. I would suggest that the matter should be addressed as a matter of urgency at local level and parties should thereafter utilise the appropriate industrial relations forum to deal with this collective issue. |
Dated: 11/09/2024
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Collective issue, transfers, industrial relations. |