LCR23241

PARTIES:

DIVISION:

SUBJECT:

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 18 August 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 12 March 2026.

RECOMMENDATION:

The matter in dispute before the Court is a joint referral by the company and Unite the Union in relation to the introduction of a 2-way radio communication system for use by managers and staff.

In October 2023, the company sought to introduce a two-way radio communication system within the store and proposed that staff who voluntarily opted in to using the system would receive a tax-free voucher to the value of €250 (or €500 for those with more than 10 years’ service). The union, on behalf of members, raised various concerns about the introduction of the new system. The matter was the subject of two conciliation conferences under the auspices of the Workplace Relations Commission

Union Position

The proposed introduction of the 2-way radio system represents a unilateral change to established work practices and is inconsistent with the company’s initial proposal that participation would be on a voluntary basis only. The Union does not object to the adoption of the 2-way radio system, however, the mandate from Union members is that any co-operation is on a voluntary basis. There is no objection that usage is mandatory for new entrants.

Union members have raised significant health and safety concerns about the universal introduction of the new system and sought assurances that a review and appropriate risk assessments would be carried out. Members are willing to consider participation if it is supported by appropriate safeguards and compensation.

The Union seeks that the Court make a recommendation providing for payment of a once-off tax-free voucher to the value of value of €500 to be paid for in 2025 and in 2026, with two additional days of annual leave to be granted on a once off basis in 2025 and 2026. The Union also seeks that appropriate risk assessments are carried out for all roles, particularly those involving the operation of machinery, through further structured local level engagement, and an assurance that no employees are subject to detriment, disciplinary action or adverse treatment arising from the utilisation of the system.

Company Position

The Company has an agreement in place with Unite, which allows it to introduce new technology. The use of such equipment is commonplace in the retail sector. It is necessary that all staff agree to use the radios, but not all staff will be required to do so on a daily basis.

The Company has taken several actions to address concerns raised. A Health and Safety Consultant was engaged to develop a policy on the use of 2-way radios including how to use them when driving a forklift and operating machinery. Protective pouches are available when work involves lifting or outside operations. Each person is allocated their own earpiece to eliminate any risk of cross contamination. Handsets can be used instead of earpieces, if preferred. The radio system can be reprogrammed to reduce background chatter and distractions.

A voucher was offered as a gesture of goodwill and appreciation to staff who cooperated with the reintroduction of the 2-way radio system. The Company was not obliged to offer anything to staff regarding the reintroduction of a 2-way radio system but did so as a goodwill gesture. The union has agreed in principle to the reintroduction of 2-way radios albeit for a significant and unjustified cost.

Recommendation

The Court has given careful consideration to the oral and written submissions made by the parties at the hearing.

It is accepted that the Company has an agreement in place with the union which allows it to introduce new technology. The Union does not dispute the company’s right to introduce new technology; however, it seeks the Court recommends further engagement between the parties in relation to a risk assessment for certain roles prior to use of the technology and an appropriate level of compensation.

The Court notes that since the initial proposal was made by the company in October 2023, there has been extensive engagement between the parties to address concerns raised in relation to the introduction of a two-way radio system for all staff. The Court notes the assurances given by the company at the hearing around the carrying out of risk assessments for certain roles and the assurances given that staff would not be subject to detriment, disciplinary action or adverse treatment arising from the utilisation of the system.

The Court is satisfied, based on the submissions made, that the proposed introduction of two-way communication system 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.

The Court notes that, in this case, a company proposal was put to staff in good faith as a token of appreciation for their cooperation with the new system.

The Court recommends that the Company amend it proposal, as a gesture of goodwill, so that all staff who are required to utilise the new system receive a once-off tax-free voucher of €600 (inclusive of any voucher payment already received by staff in connection with the use of the radios).

The Court further recommends that the Union should accept and cooperate with the introduction of the new system, and the parties should now engage in relation the implementation and operation of that system with immediate effect.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
TH	______________________
20th March 2026	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Therese Hickey, Court Secretary.