Dáil Éireann Debate, Tuesday - 12 July 2016
779. Deputy Paul Murphy asked the Minister for Jobs, Enterprise and Innovation if she has raised with the chief executive officer of a bank (details supplied) the failure of the bank to implement a Labour Court recommendation; and if she will make a statement on the matter. [21079/16]
View answerIt would appear from the information supplied by the Deputy that this question relates to a recommendation of the Labour Court LCR 20676 concerning a dispute between Ulster Bank and SIPTU, representing 12 staff employed by the Bank, in respect of the formula being used for the calculation of their redundancy terms and I propose to answer it on that basis.
This dispute was referred to the Conciliation Service of the Labour Relations Commission in the first instance. No resolution was reached at conciliation and the dispute was subsequently referred to the Labour Court under Section 26(1) of the Industrial Relations Act 1990 on 1st November 2013. Under the Industrial Relations Acts the Labour Court is not a court of law. The Labour Court operates as an industrial relations tribunal, hearing both sides in a case and then issuing a Recommendation setting out its opinion on the dispute and the terms on which it should be settled. While the Recommendation is not binding on the parties, the parties are expected to give serious consideration to the Court's Recommendation and in the vast majority of cases most Recommendations are accepted and implemented.
If the Recommendation has not been implemented the matter is still in dispute.
Ireland’s system of industrial relations is, essentially, voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers, rests with the employer, the workers and their representatives. The State provides the industrial relations dispute settlement mechanisms to support parties in their efforts to resolve their differences. Even what appears to be an intractable dispute is capable of resolution where both sides engage constructively and in good faith in this voluntary process. The principle of good faith implies that both sides in a dispute make every effort to reach an agreement and endeavour, through genuine and constructive negotiations, to arrive at a conclusion that is satisfactory to all concerned. I would urge the parties to work to resolve their differences in this instance.
