INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
AER LINGUS LIMITED
- AND -
(REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION)
Chairman: Mr Duffy
Employer Member: Ms Doyle
Worker Member: Ms Tanham
1. Appeal of Rights Commissioner Recommendation r-140844-ir-13 & r-140845-ir-13.
2. This dispute concerns the filling of summer vacancies in the loading section. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 23rd May, 2014 the Rights Commissioner issued the following Recommendation:-
- "I do not see merit in the claims and they are rejected by me."
On the 3rd July, 2014 the Workers appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 23rd October, 2014.
3. 1. There was no formal agreement to change the selection criteria.
2.These changes were unilaterally introduced in contravention of good industrial relations practice.
3.The Workers should be fully compensated for their loss.
4. 1.The were discussion with the Union prior to the introduction of changes to the selection process.
2.The Union raised had no objections to these changes.
3.Notwithstanding the above the Company reserves the rights to decide the appropriate selection process for all positions.
It appears to the Court that what occurred in the consultation process in 2013 was most likely the result of a misunderstanding between the parties In these circumstances the Court does not accept that compensation is warranted.
The Court notes that the Company is prepared to enter into formal consultations with shop stewards in respect of the filling of these vacancies in future years and to reduce the outcome of that process to writing. The parties should proceed in the manner proposed by the Company in that regard.
With this modification the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
30th October, 2014______________________
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.