INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
Section 26(1), Industrial Relations Act, 1990
INDUSTRIAL RELATIONS ACTS, 1946 TO 2015
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
- AND -
IRISH FEDERATION OF UNIVERSITY TEACHERS (IFUT)
Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Ms O'Donnell
1. Non Implementation Of Clause 6 Maynooth/Froebel Agreement
2. This dispute arises from the transfer in 2013 of the Froebel College of Education to the National University of Ireland, Maynooth (NUIM). The claimant was a staff member of the Froebel College of Education prior to the transfer and is now a staff member of the Froebel Department of the NUIM.
The parties concluded a collective agreement in 2013 dealing with all aspects of the transfer of the Froebel College. That agreement, at cause 6, set out arrangements related to the establishment of formal links between the Froebel and other academic departments in NUIM and issues associated with integration, staff transfer etc. The parties subsequently established an integration group to address the matters dealt with in clause 6 of the 2013 collective agreement. That group completed its report in September 2014.
- This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 5 October, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 20 November, 2015.
4.1. The respondent believes that the claimant has a full time position in the Froebel department. The respondent does not accept that the claimant is required to carry out any functions in the Froebel department which are outside his competence. The respondent does not believe that any workable opportunity to transfer the claimant to Roinn na Nua Ghaeilge in whole or in part exists at this time. The respondent states that this matter will be kept under review. The respondent states that vacancies which might arise in Roinn na Nua Ghaeilge into the future will be filled by a competitive process. The respondent clarified that the opportunity to avail of voluntary severance remains open to the claimant were he to choose to avail of it.
The Court has carefully considered the comprehensive submissions of the parties and the points made at the hearing. The Court understands that the wish of the claimant is to transfer to Roinn na Nua Ghaeilge. The Claimant believes that he is not appropriately skilled to carry out the role required of him in the Froebel department and for that reason seeks the transfer. The respondent does not accept that the claimant is inappropriately skilled to carry out his role in the Froebel department.
The Court understands that a lateral transfer between academic departments is not the normal methodology employed to fill vacancies arising at the claimant’s grade in NUIM. The Court, having considered all aspects of this matter, including the report of the joint integration group, does not find that matters of sufficient gravity have been raised by the claimant to warrant an intrusion into the normal mechanisms for filling any vacancy that might arise in the future in Roinn na Nua Ghaeilge.
The Court therefore recommends that the Claimant accept that his current deployment is to the Froebel department and that in the event a vacancy arises at his grade in Roinn na Nua Ghaeilge into the future he should be willing to participate in the normal processes employed to fill that vacancy. The Court also recommends that the matter should continue to be kept under review over time such that where suitable opportunities are identified for the claimant to work with Roinn na Nua Ghailge they are taken up on an agreed basis.
Signed on behalf of the Labour Court
7 December 2015______________________
Enquiries concerning this Recommendation should be addressed to Helen Tobin, Court Secretary.