FULL RECOMMENDATION
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KETB - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION :
SUBJECT: 1.Loss Of Overtime Earnings A remote hearing of the Court was held on 15 March 2022. The employer was in attendance. At the hearing, the parties confirmed to the Court that there is an agreed disputes resolution procedure in place to address workplace disputes. The Employer submitted that the agreed procedures were not utilised in this case, because of a Department of Education instruction that prevented it from participating in a Section 13(9) referral to the Workplace Relations Commission (WRC). SIPTU advised that they were unaware of any such an instruction. The hearing was adjourned to allow the parties provide further clarity to the Court on this matter. Both parties made further submissions to the Court. The Court has reviewed the documentation submitted by the Employer. In the view of the Court, that documentation does not prevent the parties from utilising the agreed disputes resolution procedures in place to address workplace disputes. The long-standing position of the Labour Court is to uphold agreed and established dispute resolution procedures. The Court recommends that the parties return to their agreed procedures and process the within dispute in line with those procedures. The Court so Recommends.
NOTE Enquiries concerning this Recommendation should be addressed to Orla Collender, Court Secretary. |