INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 2(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001
ASHFORD CASTLE LIMITED
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Mr Duffy
Employer Member: Mr Doherty
Worker Member: Mr O'Neill
1. Union application under the Industrial Relations (Amendment) Act, 2001.
2. A Court hearing was held in Galway on the 18th February, 2004.
In this referral the Union have asked the Court to make recommendations in relation to a range of terms and conditions of employment currently applicable to staff employed by the hotel. Having considered the submissions of the parties, and having regard to issues raised in the course of the hearing, it became apparent to the Court that further information is required before the Court could make useful recommendations on many of these issues.
The Court is, however, of the view that the issue of disciplinary and grievance procedures could usefully be addressed at this time. Accordingly the Court has decided to address this matter by way of an interim recommendation and recommends as follows:
Disciplinary and Grievance Procedures:
The employer should put in place a disciplinary and grievance procedure which conforms to the general provisions of the Code of Practice on Grievance and Disciplinary Procedures (S.I.No. 146 of 2000). Consistent with the code, the company procedure should provide for trade union representation in processing individual grievances and disciplinary matters, where an employee wishes to avail of such representation. The procedure should also provide for the full utilisation of the normal dispute resolution machinery of the State, including the reference of disputes to conciliation, the Rights Commissioner service and the Court, as appropriate.
This procedure should be put in place within one month from the date of this recommendation. Any submission that the Union wishes to make with regard to its content should be taken into consideration. If there is any dispute in relation to the compatibility of the proposed procedures with the Code of Practice, the question may be processed under Section 43 of the Industrial Relations Act, 1990.
Signed on behalf of the Labour Court
23rd February, 2004______________________
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.