FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : AN POST / DEPARTMENT OF PUBLIC EXPENDITURE & REFORM - AND - AN POST GROUP OF UNIONS DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Issues arising from transfer of National Lottery to private operator.
BACKGROUND:
2. This dispute concerns issues arising from the sale of the operating licence of the National Lottery to a private operator.This 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 3rd February, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th February, 2014. The following is the Court's Recommendation:
RECOMMENDATION:
This dispute came before the Court following prolonged negotiations between the parties on issues affecting staff of An Post National Lottery Company (APNLC) following the decision to award the licence to operate the lottery to a third party operator. These issues involve the terms upon which staff of APNLC will transfer to the new operator.
These negotiations cumulated in the conclusion of a draft agreement negotiated with the assistance of the Labour Relations Commission. Following further clarification of the proposed terms the draft agreement was put to a ballot of the workers concerned. However that ballot was inconclusive, with an equality of votes for and against the proposals.
In accordance with the agreed dispute resolution procedures within the employment the dispute was then referred to the Court.
In their submissions to the Court the Group of Unions identified two main areas that they believe remain of concern to their members. These are: -
- •Concerns around security of tenure within the new operator
•The desire for a facility whereby those on permanent secondment from An Post to APNLC could return to An Post
What is proposed constitutes a transfer of an undertaking within the meaning of the European Communities (Protection of Employees on transfer of Undertakings) Regulations. However, having reviewed the draft agreement concluded and the subsequent clarifications issued, it is clear to the Court that the terms on offer go considerably further that the Regulations in terms of the level of protection that they provide for transferring staff. In particular, the Court is fully satisfied that the concerns expressed regarding security of tenure of those transferring are comprehensively addressed by the draft agreement.
Nevertheless, in order to assuage any concerns that may continue to exist, the Court wishes to state the following in relation to the effect of the draft terms: -
- It should be clearly understood that the rights and protections currently enjoyed by the staff of An Post National Lottery Company under Section 45 of the Postal and Telecommunications Services Act 1983, including all rights as to security of tenure, will be carried forward to the transferee undertaking (Premier Lotteries Ireland) and will continue to have full effect during the continuance of the employment of transferred staff with the transferee undertaking.
The Court recommends that APNLC should seek expressions of interest from permanently seconded staff of An Post wishing to return to An Post. An Post should seek matching expressions of interest from its staff to transfer permanently to APNLC and untimely to Premier Lotteries Ireland. If sufficient matching transfer applications are received from An Post staff, those wishing to permanently transfer back to An Post should be facilitated.
This arrangement should remain open for no longer than two weeks from the date of acceptance of this recommendation.
Signed on behalf of the Labour Court
Kevin Duffy
7th February, 2014______________________
JMcCChairman
NOTE
Enquiries concerning this Recommendation should be addressed to Sharon Cahill, Court Secretary.