INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
S6(1), INDUSTRIAL RELATIONS (AMENDMENT) ACT, 2001
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Grier
Worker Member: Mr Nash
1. Request by a Trade Union or Excepted Body for a Determination in relation to Labour Court Recommendation No. LCR18137.
2. Labour Court Recommendation 18137 issued on the 16th March, 2005. On the 20th April, 2005, the Union wrote to the Court asking it to issue a Determination in accordance with Section 6(1) of the 2001, Act. The following is the Court’s determination:
The matter before the Court is a request by the SIPTU for a determination pursuant to Section 6(1) of the Industrial Relations (Amendment) Act, 2001 as amended by the Industrial Relations (Miscellaneous Provisions) Act, 2004 (the Acts). By letter dated 18th April, 2005 to the Court the Union contend that one of the issues, the subject of the Labour Court Recommendation No 18137, made under Section 5 of the Act has not been resolved and requested the Court to issue a Determination.
The Employer stated that it was its view that Labour Court Recommendation No 18137, issued on 16th March, 2005 had been implemented in full.
The Union contended that the Court's recommendation under the heading "Grievance and Discipline Procedures" has not been implemented by management, as it does not provide for employee representation on individual grievances by a registered Trade Union.
Labour Court Recommendation No: 18137 recommended:
"The Court recommends that 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. 146 of 2000) and which deals with all grievance, and disciplinary matters on an individual basis. Consistent with the Code, the Company's procedure should provide for an employee to be represented by a colleague or where an employee wishes to avail of a trade union representative, then the Company should provide for such representation in processing individual grievances and disciplinary matters. 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. In the event of a complaint alleging an infringement of the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000), such complaint can be addressed pursuant to Section 43(2) of the Industrial Relations Act 1990."
At the hearing, the Company stated that in accordance with the LCR No: 18137, it had put in place new Grievance and Disciplinary Procedures to conform with all aspects of the Court's Recommendation and gave assurances that those procedures provide for an employee to be represented by a colleague or a trade union representative, where an employee wishes to avail of such representation, when individual grievances and disciplinary matters are being processed.
Having reviewed the matter the Court is of the opinion that there still exists a dispute between the parties, which has not been resolved, following the Labour Court's Recommendation. Consequently, the Court makes a Determination on this outstanding issue which may be read in the same terms as the Recommendation issued under the heading"Grievance and Disciplinary Procedures".
This Determination should be implemented within one month from the date on which it is issued.
The Court so determines.
Signed on behalf of the Labour Court
24th October, 2005______________________
Enquiries concerning this Determination should be addressed to Madelon Geoghegan, Court Secretary.