LCR22519

1.Introduction Of Time And Attendance System

BACKGROUND:

2.This dispute could not be resolved at local level and was the subject of Conciliation Conferences under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 27 September 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 16 December 2021.

UNION’S ARGUMENTS:

3. 1. The employer had tried to force SIPTU members to engage with the new time and attendance system without agreement.

2. That the employer should engage on compensation for members of SIPTU, including a goodwill gesture of higher value than previously offered. 

EMPLOYER'S ARGUMENTS:

4. 1. The current Core HR systemwhich relies on manual data entry and calculations does not facilitate the efficient recording of working time

2. It is appropriate that SIPTU members would receive the same benefits on implementation as have been agreed with another trade union who have agreed the implementation of the new working time system. 

RECOMMENDATION:

The Court has given very careful consideration to the written and oral submissions of the parties. The Court notes that the parties have agreed in advance to accept the Recommendation of the Court.

The Court notes that the matter before the Court which involves a proposal by the employer to implement an electronic time recording system, has been the subject of extensive local engagement and engagement at the Workplace Relations Commission and engagement with an independent facilitator. That independent facilitator made a recommendation which was rejected by the Trade Union.

The Court has been advised that the implementation of the system has been agreed by Nursing trade unions. The Court notes that the terms proposed to the workers before the Court on implementation of the system exceed the terms accepted by Nursing trade unions on implementation. The Court is asked by the Trade Union to regard a collective agreement with Nursing Trade Unions providing for implementation of enhanced nurse practice as conflated with the agreement with Nursing Trade Unions on the introduction of electronic time recording. The Court cannot accept that submission given that two separate collective agreements are recorded.

In all of the circumstances, and having regard to the fact that (a) it is not unreasonable for an employer to be able to know the times at which staff attend for work and to seek to secure that information efficiently, and (b) that electronic rather than manual means of recording such matters are commonly a fundamental element of the infrastructure of employments of the size of this employment, and (c) that no change to any substantive aspect or element of the working arrangements of staff is involved; the Court recommends that the proposals of management be accepted. In making that Recommendation, the Court also recommends that the proposal of the independent facilitator be accepted by both as the basis for implementation of the electronic system.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
OC	______________________
21 December 2021	Chairman