
CD/26/54 | RECOMMENDATION NO. LCR23300 |
INDUSTRIAL RELATIONS ACTS 1946 TO 2015
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES:
HSE
(HSE EMPLOYER RELATIONS)
AND
900 WORKEES
(REPRESENTED BY BATU, CONNECT, OPATSI, SIPTU AND UNITE THE UNION)
DIVISION:
| Chairman: | Ms. Connolly |
| Employer Member: | Mr. Marie |
| Worker Member: | Ms. Hannick |
SUBJECT:
A Referral Under Section 26(1) of the Industrial Relations Act, 1990.
BACKGROUND:
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 24th February 2026 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on 1st July 2026.
RECOMMENDATION:
The matter in dispute before the Court is a joint referral by the company and the Group of Unions regarding the introduction of an allowance for using Handheld Devices. The Union seeks the introduction of a €750 Allowance for additional duties and responsibilities arising from the introduction of Handheld Devices. The matter was the subject of three conciliation conferences under the auspices of the Workplace Relations Commission.
Union Position
The issue in dispute is not the introduction of Handheld Devices, but rather the recognition of the additional duties and responsibilities arising from their use. Union members fully acknowledge their obligations under the terms of Public Service Agreement regarding cooperation with change and technological developments. Craftworkers have consistently demonstrated their cooperation with such change.
The role of a Craftworker is predominantly hands-on and there has never been any digital requirement or responsibility applicable to their role. The new system removes the need for management and administrative staff to manually transfer information from paper records onto electronic systems. Craftworkers will be required to undertake functions which have historically been undertaken by management and administrative staff following receipt of paper-based documentation from craftworkers.
Union members seek that the established payment already applicable to craftworkers of other public sector employers for using Handheld Devices is applied to them.
Management Position
The claim is a cost-increasing claim, which is precluded under the terms of the Public Service Agreement 2024-2026. The introduction of using a Tablet or Mobile Phone is merely automating current manual processes. Replacing paperwork sheets with the use of a Tablet or Mobile Phone constitutes normal ongoing change consistent with provisions set out in current and past Public Service Agreements.
Concession of the claim would undermine the terms of the current Public Service Agreement, as the nature of the claim has significant impacts across the public sector as a whole where almost all employees utilise table or mobile phones to access in-house systems for work purposes.
The local authority agreement cited by the union explicitly states that the terms of that agreement are limited to designated staff and will not be used by the unions to precipitate any knock-on claims.
Recommendation
The Court has given careful consideration to the oral and written submissions made by the parties at the hearing.
The Court notes the concerns expressed by the unions that the introduction of Handheld Devices will lead to additional roles and responsibilities for its members, as the lists of tasks shared by management are not exhaustive.
The Court notes the assurances provided by management that it is not the intention of management to expand the range of tasks required by Craftworkers and the introduction of Handheld Devices will merely allow for the same manual tasks to be carried out in digital form.
The Court is satisfied, based on the submissions made, that the proposed introduction of handheld devise constitutes normal ongoing change in the employment. It is not the practice of this Court to recommend compensation awards for the introduction of what is deemed to be normal ongoing change.
In all of the circumstances, the Court recommends that the Union should accept and cooperate with the introduction of the new system. The parties should now engage with immediate effect in relation to the implementation and operation of that system, including the development of a policy/procedure for its operation and appropriate training.
The Court so recommends.
| Signed on behalf of the Labour Court | |
| Katie Connolly | |
| JNF | ______________________ |
| 08/07/2026 | Deputy Chairman |
NOTE
Enquiries concerning this Recommendation should be in writing and addressed to Ms. Julie Nicholl-Flood, Court Secretary.
