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FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : BIMEDA ANIMAL HEALTH LIMITED
- AND - SIPTU MEMBERS (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Contract changes, restructuring of roles and representation by SIPTU following transfer under TUPE.
BACKGROUND:
2. This dispute concerns contract changes, restructuring of roles and representation by SIPTU following transfer under TUPE. The Union referred this case to the Labour Court on 9 September 2019 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation.
A Labour Court hearing took place on 16 October 2019.
UNION'S ARGUMENTS:
3. 1. Members' contracts and job descriptions including the right to representation by SIPTU which transferred under TUPE should be honoured.
EMPLOYER'S ARGUMENTS:
4. 1. The Employer claims that there is no dispute.
RECOMMENDATION :
The Court recommends that the Employer recognise the Union’s right to represent as set out in the Workers contracts which transferred under the Transfer of Undertakings Regulations 2003 and honour the terms and conditions set out in those contracts. The Court also recommends that the Employer recognise the Union as the representative of those employees who are in membership of the Union and should engage with it in dealing with employment-related matters arising within the employment affecting those members.
The Court so Recommends.
Signed on behalf of the Labour Court
Louise O'Donnell
DC ______________________
14 November 2019 Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.