| CD/24/344 |
RECCOMENDATION NO. LCR23139
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SECTION 20(1) INDUSTRIAL RELATIONS ACT 1969
PARTIES:
AND
80 WORKERS
(REPRESENTED BY SIPTU)
DIVISION:
| Chairman: | Ms Connolly |
| Employer Member: | Mr. O'Brien |
| Worker Member: | Ms. Treacy |
SUBJECT:
Referral under Section 20(1) of the Industrial Relations Act 1969.
BACKGROUND:
The Worker referred this case to the Labour Court on 11 December 2024 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 27 May 2025
RECCOMENDATION:
The Trade Union is seeking to represent 80 union members employed as operatives on an individual basis on all grievance and disciplinary matters, and collectively on pay and terms and conditions of employment, including pay.
The Trade Union submits that the Employer is in breach of SI 146 of 2000 – Industrial Relations Act 1990 (Code of Practice on Grievance and Disciplinary Procedures) as the Employer does not provide an employee the opportunity to avail of trade union representation during a grievance or disciplinary procedure. It further submits that pay has fallen behind comparators in the industry.
This matter before the Court is a unilateral referral by the Trade Union under Section 20(1) of the Industrial Relations Act, 1969, under which it has agreed to be bound by the Court’s Recommendation.
The Employer declined an invitation to attend the hearing and instead submitted a document outlining its position on the matter in dispute. As the Employer did not participate in the hearing the Court was deprived of an opportunity to engage with it in relation to the matters before it.
In all the circumstances of this claim having regard to the uncontested submission by the Trade Union at the hearing, the Court recommends that the Employer recognise the Union as the representative of those operatives who are in membership of the Union and should engage with it in dealing with the issues which are the subject of this claim.
The Court so recommends.
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Signed on behalf of the Labour Court |
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Katie Connolly |
| TH | ______________________ |
| 03 June 2025 | Deputy Chairman |
NOTE
Enquiries concerning this Decision should be addressed to Therese Hickey, Court Secretary.