LCR22376

1. Grant of Incremental Credit.

BACKGROUND:

2. This dispute was referred to the Labour Court on 15 November 2019 in accordance with Section 20 (1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 2 March 2021 in a virtual Court room.


RECOMMENDATION :

The Court has given very careful consideration to the written and oral submissions of the parties. The Court indicated at its hearing that it would take the written submissions of the parties as read and neither party raised an issue with that approach.

The matter before the Court has been referred unilaterally by the Trade Union as provided for by Section 20(1) of the Industrial Relations Act, 1969. The Claim is one which has been valued by the employer as carrying a potential cost, were the within claim and over 250 other similar claims conceded, in the tens of millions of Euros.

The Court notes that the Trade Union in this matter is recognised by the employer for negotiation in respect of the terms and conditions of employment of its members.

The Court further notes that the parties have agreed arrangements for the resolution of trade disputes arising between them. Finally, the Court notes that no part of the agreed dispute resolution procedures involves unilateral referrals to the Court under Section 20(1) of the Industrial Relations Act, 1969.

The Court, in all the circumstances, recommends that the parties return to their agreed procedures and process the within claim through those procedures, up to and including a referral to the Court under Section 26(1) of the Industrial Relations Act, 1990 if necessary.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
CO'R	______________________
9 March 2021	Chairman