FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : CORK COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Haugh Employer Member: Ms Cryan Worker Member: Mr McCarthy |
1. Redeployment of outdoor employees.
BACKGROUND:
2. This dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Workplace Relations Commission. As agreement was not reached the dispute was referred to the Labour Court on 25 May 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 14 July 2016.
RECOMMENDATION:
Dispute
This dispute concerns the deployment of eleven outdoor staff who were previously employed, before its dissolution, by Cobh Town Council. The staff concerned are now employed by Cork County Council. The Local Government Reform Act 2014 provided generally for the dissolution of town councils throughout the country and the delivery of local government services through a Municipal District structure. The area which comprised that of Cobh Town Council is now subsumed into the area of Cobh Municipal District. The former has a population of 6,500 and covers an area of 3.75km2; the latter’s population is approximately 75,000 and it covers an area which is over 366km2.
Cork County Council requires the outdoor staff to be available to perform work as and when required throughout the newly created Cobh Municipal District. The Union submits that the Council’s demand in this regard amounts effectively to a unilateral redeployment of the workers concerned and should be done firstly on a voluntary basis and then on the basis of seniority i.e. last in/first out (LIFO). The Council for its part does not accept that its instructions to the staff equate to a redeployment.
Recommendation
The Court is of the view that this is not a matter that is properly before it for resolution under section 26 of the Industrial Relations Act 1990. The Court recommends that the dispute be referred to the Sectoral Oversight Body established pursuant to the Public Service Agreements.
The Court so recommends.
Signed on behalf of the Labour Court
Alan Haugh
20 July 2016______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.