Labour Court Database
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File Number: CD87602
Case Number: LCR11366
Section / Act: S67
Parties: CLARE CO. CO. - and - ITGWU;NEETU;UCATT;LGPSU
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Subject:
Claims that (a) forthcoming lay-offs are in breach of an agreed code of practice in relation to the employment of local authority servant grades, (b) the lay-offs are being implemented in an inequitable manner.
Recommendation:
3. The Court is of the opinion that within the legal and
financial constraints under which it is required to operate the
Council acted in the only way open to it. It also seems clear
that given the time now available the work of road strengthening
could not now be completed before the end of the fiscal period for
which the money is allocated, by any other means of working.
On the question of the code of practice, this whilst specifying
certain clearly desirable objectives, makes no provision for their
implementation. The Court does not find that in this instance
the Council has breached the code.
Having regard to the variety of related issues raised during the
course of the hearing the Court recommends that the parties meet
early next year to define the principles to apply in the event of
similar circumstances arising.
Division: Mr O'Connell Mr Collins Mr Walsh
Text of Document__________________________________________________________________
CD87602 THE LABOUR COURT LCR11366
CC871151 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11366
Parties: CLARE COUNTY COUNCIL
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
NATIONAL ENGINEERING ELECTRICAL TRADE UNION
UNION OF CONSTRUCTION AND ALLIED TRADES TECHNICIANS
LOCAL GOVERNMENT AND PUBLIC SERVICES UNION
Subject:
1. Claims that (a) forthcoming lay-offs are in breach of an
agreed code of practice in relation to the
employment of local authority servant grades,
(b) the lay-offs are being implemented in an
inequitable manner.
Background:
2. With reference to the Labour Court hearing of the 12th August,
1987 the Court recommends as follows:
RECOMMENDATION:
3. The Court is of the opinion that within the legal and
financial constraints under which it is required to operate the
Council acted in the only way open to it. It also seems clear
that given the time now available the work of road strengthening
could not now be completed before the end of the fiscal period for
which the money is allocated, by any other means of working.
On the question of the code of practice, this whilst specifying
certain clearly desirable objectives, makes no provision for their
implementation. The Court does not find that in this instance
the Council has breached the code.
Having regard to the variety of related issues raised during the
course of the hearing the Court recommends that the parties meet
early next year to define the principles to apply in the event of
similar circumstances arising.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
Deputy Chairman
13th August, 1987
T.O'M./J.C.