Dáil Éireann debate -
Wednesday, 22 Oct 1997

Vol. 482 No. 1

Written Answers. - Civil Service Grievance Procedures.

Ivor Callely

Question:

92 Mr. Callely asked the Minister for Finance whether he supports the policy of access to independent mediation which was introduced by circular 1/92 which added stage VIII to the grievance procedure in relation to the application in his Department and the Office of the Revenue Commissioners of the grievance procedure provided to 1 October 1997; if it is a function of his Department and the Revenue Commissioners to implement his policy in relation to access to independent mediation; the officer or officers, if any, who have invoked a grievance procedure complaining of loss of earnings, specifically the non-payment of increments on performance grounds and who have been denied access to stage VIII of the grievance procedure; if so, whether the denial of access was with his prior knowledge, consent and approval; if so, if the approval was express or implied; the number of officers who sought access to stage VIII who were granted access; his views on whether his policy in relation to access to independent mediation was in fact being implemented by his Department and the Office of the Revenue Commissioners; and if he will ensure that access to independent mediation, which was provided for in circular 1/92, will be made available to complainants seeking it in his Department and the Office of the Revenue Commissioners without the necessity of recourse to expensive litigation. [17426/97]

Minister for Finance (Mr. McCreevy)

The grievance procedure for civil servants arises from an agreement between my Department and the Civil Service panel of unions operating under the framework of the scheme of conciliation and arbitration for the Civil Service. The procedure is promulgated by circular which is made pursuant to my powers under the Civil Service Regulation Act 1956 and therefore applies cross the Civil Service including of course in my own Deparment and the Revenue Commissioners. The procedure is designed to provide a facility whereby staff can pursue issues affecting their official position which are not appropriate for discussion under the conciliation and arbitration scheme. I believe that the inclusion of an independent mediation mechanism is an important feature of these arrangements.

The grievance procedure provides for explanations of management decisions, and for an appeal to the personnel officer in cases where an employee is not satisfied with the manner in which the grievance is handled by local management. In addition certain grievance issues can be referred to a mediation officer appointed by me if they cannot be resolved at earlier stages of the procedure. The procedure provides for certain types of grievance to be excluded from the mediation officer e.g., selection for promotion, for others to be referrable by the aggrieved officer as of right, i.e., where the action complained of has resulted in an immediate and direct loss of earnings and for all other types of grievance to be referrable with the agreement of the personnel officer in the Department or Office concerned.

In my Department and the Revenue Commissioners there has been one request for access to mediation in a case involving non-payment of an increment. The overall number of cases in Revenue which were permitted to mediation is four. There have not been any requests for mediation of grievance disputes in my Department. The philosophy underlying the grievance procedure is that grievances should, to the greatest extent possible, be settled locally. Consistent with that approach there is no role for either the Revenue Commissioners or the Minister for Finance in the processing of grievances which is conducted entirely at official level. All aspects of the grievance procedure, including access to mediation, are currently being reviewed by my Department in consultation with the Civil Service unions.