INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
MAYO COUNTY COUNCIL
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Mr Shanahan
1. Hearing arising from LCR 20780.
2. This dispute has already been the subject of a full Labour Court Hearing and LCR 20780 refers. As agreement was not reached, the dispute was referred to the Labour Court on the 3rd September, 2015, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 19th November, 2015.
3 1 The Council engaged in this as a cost-cutting exercise at the expense of health and safety and this exposes workers to risk.
2 The Council are in breach of the Public Service Agreement and the contract of employment.
4 1 The Council has sought to deal with all issues raised in an open and transparent manner.
2 The Council cannot engage in compensation of staff for a loss of earnings where staff were explicitly instructed not to attend and where there is no evidence of attendance.
The hearing before the Court arises from Labour Court Recommendation 20780 in which the Court recommended that the parties should enter into discussions under the auspices of the Public Service Agreement 2010-2014 (“the Agreement”). The issue in dispute concerned the impact on General Services Supervisors of restructuring arrangements introduced as part of the Agreement when one-person operations for winter roads-maintenance outside of normal working hours were introduced.
Having considered the submissions made by both parties the Court recommends that the health and safety concerns which the General Services Supervisors raised should be specified in writing to the Council by no later than21st December 2015. On receipt of these concerns the Court recommends that the Council should ensure that they are appropriately examined, reviewed and dealt with by a person competent to do so.
In respect of the attendance of the General Services Supervisors at out-of-hours for the period of transition the Court recommends that the Council should pay each of the Claimants affected a lump sum payment of €5,000 in full and final settlement of their claim for loss of earnings. This payment should be paid to those Claimants within four weeks of the date of this Decision.
The Court notes that it is not in dispute that the compensation formula applicable under the Agreement will apply to the Claimants in respect of any loss of earnings which may have arisen as a result of the restructuring which occurred. This compensation payment should be paid to those affected within eight weeks of the date of this Decision.
The Court further notes that it is agreed between the parties that this dispute has come before it under the terms of theClause 4.1 of the Public Service Stability Agreement 2013-2018and the Decision of the Court is therefore binding on the parties.
The Court so Decides.
Signed on behalf of the Labour Court
15th December, 2015Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.