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2014

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LCR20686

FULL RECOMMENDATION
CD/13/505
RECOMMENDATIONNO.LCR20686
(CCC-123624-13)
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990


PARTIES :
DUBLIN CITY COUNCIL

- AND -

SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION


DIVISION :

Chairman: Mr Hayes
Employer Member: Ms Doyle
Worker Member: Mr Shanahan
SUBJECT:
1. Introduction of compensation scheme.


BACKGROUND:

2. This dispute concerns the Unions' claim for the introduction of a scheme to compensate firefighters who are assaulted by third parties in the course of their work. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 18th November, 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th January, 2014.

UNIONS' ARGUMENTS:

3 1 The proposed scheme would compensate firefighters who are assaulted by third parties in the course of their work through no fault of their own.

2 Similar compensation schemes operate elsewhere in the public service, e.g. Gardaí and Prison Officers.

3 Firefighters should be covered by such a scheme.

EMPLOYER'S ARGUMENTS:

4 1 The Employer has several concerns that need to be addressed before it could consider such a scheme.

2 This matter affects firefighters nationally and should be addressed at a national level.

3. Any firefighter injured as a result of an assault continues to receive full pay while absent.

RECOMMENDATION:

Having considered the submissions of both parties the Court recommends that they engage in further discussions to address a number of issues that arose in the course of the hearing. These include, but are not limited to:
  • 1. The scope of the proposed scheme
    2. The legal status of the proposed scheme
    3. The observations of the National Directorate for Fire and Emergency Management on the proposed scheme
    4. The estimated cost of the proposed scheme
    5. The Council’s legal capacity to introduce the proposed scheme
    6. Arrangements for funding the scheme
    7. Arrangements for administering the scheme

On the completion of the discussions the parties should report to their principals and if agreement in principle is reached, agree a process to jointly and severally secure the necessary internal and external approvals and or legislative changes necessary to give effect to the scheme. The Court so recommends.



Signed on behalf of the Labour Court



Brendan Hayes
20th January, 2014______________________
JMcCDeputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.



 
 
 
 
 
 
 
 
 

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