FULL RECOMMENDATION
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : SHANNON COMMERCIAL PROPERTIES - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION AND NATIONAL UNION OF JOURNALISTS DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Treacy |
1. Former Shannon Development employees on secondment to Shannon Commercial Properties.
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 27 October 2017 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 30 November 2017.
UNION’S ARGUMENTS:
3. 1. The agreement reached between the parties in 2013 is unique across the public service. It recognised the differences between non-commercial and commercial sectors and provided a means for people to protect their status as public servants, should they so wish.
2. The Union asserts that the intention of the agreement is extremely clear, that is, those who have opted to place themselves on the redeployment panel must remain as public servants with the rights and protections that that status confers.
3. Management's attempt to re-interpret the agreement would forcibly strip public servants of their status and remove them from the protections of the Public Service Agreement.
EMPLOYER'S ARGUMENTS:
4. 1. The agreement states in a clear manner that after the three year secondment period, employees will definitively become employees of Shannon Commercial Properties.
2. The three-year secondment period commenced on 5 September 2014 and ended on 4 September 2017.
3. In relation to the redeployment panel, it is the view of the Company that the option to redeploy into the public service ended on 5 September 2017.
RECOMMENDATION:
The Court has given careful consideration to the extensive written and oral submissions of all parties to this dispute.
The Court finds that staff that were placed by their employer and/or who opted onto the Public Service Redeployment List before 5 September 2017 retain now and into the future their public service employment status and conditions of employment. This protection will continue until they are offered redeployment within the Public Service under the terms of the relevant Public Service Agreement. It is a matter for Company Management and all relevant Government Departments, State bodies and public service agencies to work together to find alternative employment for all such staff in accordance with the terms of the Public Service Redeployment Scheme.
Staff that have been placed on or who have elected to join the redeployment list have no right to reverse that decision. Neither have they any entitlements to participate in confined competitions for promotion or otherwise within SCP.
The Court further finds that the relevant provisions of the Public Service Agreements provide that staff that have so opted will, while awaiting redeployment, continue to work in and under the direction of SCP Management and their redeployment will be governed accordingly. However, they are not definitive employees of that Company.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
12 December 2017______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Michael Neville, Court Secretary.