This dispute concerned difficulties which arose over roster and working hours. As the dispute could not be resolved under the Workplace Relations Commission, it was therefore referred to Labour Court on the 5th of August 2021 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

The dispute arose between the parties as the Respondent’s current shift rota was causing difficulties and leaving workers with little to no work life balance. It was the Claimants Unions’ submission that the Respondent should consider five week, five over seven rosters for workers which is currently in use in other transport companies. The Claimants’ Union also outlined that an independent body should be brought in to examine the current roster structure in the company and introduce an independent shift roster proposal.

On the other side, the Respondent argued that the Union’s proposals fail to recognise the contractual obligations the company has with the National Transport Authority (NTA). The Respondent also submitted that the Union provided general statements about issues with workers rosters without giving specific examples. Finally, the Respondent maintained that the dispute is prematurely before the Labour Court and there is a need for more engagement at a local level.

The Labour Court gave very careful consideration to the written and oral submissions of the parties. It was clear to the Court that the Trade Union wished to bring about a change to rostering arrangements, rules or templates so as to achieve a rostering framework which, in the view of the Trade Union, more effectively addresses concerns as regards work life balance, stability, fairness and equity. The employer submitted that it is willing, having regard to the requirements of the NTA and the need to maintain workability and efficiency, to engage with the Trade Union such that if a new rule has to be introduced to improve roster allocations it will be implemented. Therefore, it appeared to the court that both parties were open to development and improvement of roster arrangements, rules and templates and that both parties have priorities in that context which they have outlined to each other.

The Court recommended that in order to achieve agreement on the current dispute as regards rostering arrangements in the company, the parties were to engage jointly to develop sample rosters applying proposed new arrangements, rules or templates so as to establish a joint understanding as regards the practical and cost implications which would flow from the implementation of any change to current arrangements. Having achieved a joint understanding of such matters, the parties should then engage to attempt to find agreement.

The Labour Court Ordered that the process should take place locally in the first instance and, if necessary, with supervision of the WRC.  In the event that the parties remain disagreed following 12 weeks of such joint engagement, any such dispute may be referred back to the Labour Court in the normal way.

Key points to Note:

This Labour Court dispute highlights the courts encouragement for parties to jointly engage in a practical process, similar to a mediation, rather than a court ruling of awarding compensation to an aggrieved party. Employers and Trade Unions who are negotiating changes to rosters should become involved in  drawing up draft or sample rosters applying any proposed changes for examination and consideration. This process of developing sample rosters may be a lengthy one involving the construction of several possible versions of rosters as the parties come to jointly understand the implications of particular examples, but it is likely that the process of doing so will help reach a more mutually agreeable solution for all.
https://www.workplacerelations.ie/en/cases/2021/december/lcr22512.html