Labour Relations Commission Annual Report 2008 Labour Relations Commission Annual Report 2008

Presented to Dara Calleary, T.D., Minister for Labour Affairs in accordance with Section 27(3) of The Industrial Relations Act, 1990  Labour Relations Commission Annual Report 2008 5 4 8 6 41 33 16 16 33 55 23 10 34 28 36

Commission elations

Developments in 2008 Developments Services in 2008 The Commission’s The Conciliation Services Division in 2008 The Conciliation The Advisory Services Division in 2008 Service Division Commissioner The Rights Services Division in 2008 The Corporate Administration Staffing Structure – Organisational Commission Labour Relations 2008 Statements Financial Publications available from from available Publications the Labour R Chapter 1 Chapter 2 Commission of Mission and Functions the Labour Relations Commission of the Members and Officers Statement Chairman’s Report Chief Executive’s Chapter 3

Appendices

Contents  Labour Relations Commission Annual Report 2008 • • • • • the following specificservices: this missionbyprovidingThe Commission carriesout to employers, services trade unionsandemployees.” throughthe provision of appropriate,timely and effective industrial relations policies, procedures andpractices “To promotethe development and improvement of Irish Mission andFunctions Mission

Industrial Councilsthe exercise in their functions of LabourCommitteesto Joint assistance andJoint a Workplace Mediation Service a Rights Commissioner Service an industrialrelations Service Advisory an industrialrelations Conciliation Service

• • • • industrialrelationsof practices including: developmental nature relatingthe improvementto The Commission a of otheractivities undertakes

relations andhumanresource issues management organisation seminarsandconferences of onindustrial industrial relations research andpublications codesof practice of relevantto industrialrelations the preparation, inconsultationthe SocialPartners, with area industrialrelations of the review developments andmonitoringof the in

 Labour Relations Commission Annual Report 2008 McGinty Brendan Director of Human and Industrial Resources IBEC Relations, Liam O’Rourke Managing Director, Ltd. Chivers Ireland Eddie Nolan Eddie Services Director of the Corporate Division and Secretary to the Head of the also, Commission, Service Commissioner Rights Tom Pomphrett Pomphrett Tom Deputy Director of the Conciliation Services Division Mulvey Kieran Chief Executive Bunting Peter Secretary, General Asst. of Irish Congress Unions Trade Breege O’Donoghue Breege Penneys/ Director, Primark Kevin Foley Foley Kevin Director of the Conciliation Services Division The post of Director of Advisory Services vacant was throughout postThe 2008. filled in was early 2009. Peter BuntingPeter McGinty Brendan Maurice Cashell Cashell Maurice Chairman Gerard Barry Gerard Chief Executive, Agency HSE-Employers’ McLoone Peter Secretary, General IMPACT

008 to discuss and review the Commission’s strategy, budget, operational activities, activities, operational budget, strategy, metThe Board on ten occasions in 2008 the Commission’s to discuss and review The Senior Management governance. corporate policy and of Commission and its business plan and to decide upon areas and meets on a meetings, Board of Services Director attends Directors/Deputy of consisting the Chief Executive, Team, basis between meetings of the Board. regular Meetings of the Board/Senior Management Team Meetings of Management the Board/Senior Senior Management Team Senior Management Internal Audit Committee Internal

of the Commission Members and Officers and Officers Members Gerard Barry Gerard Chair Mulvey Kieran Chief Executive  Labour Relations Commission Annual Report 2008 staffto streamlineto its access Commissionerstheir support and management, Rightsteam of the genuine efforts were madebyLRC be seenasslow, considerable and andprocessessome services can to access yearthat last assessment delivery.on service Followingthe on to develop,basis expand and improve the LRC willrequire onacontinuing that remainsthe case It very much far from Board concerns. economicof downturn was never addressthe painfulconsequences the parties to help position itself unfoldthe LRC best might andhow industrial relations environment might economic andfiscal storm. the How attentionof wasthe gathering on The BusinessPlanf the auditedaccounts.and includes year, allocation showsthe budgetary the Commission of foractivities last Commission.the documents It forReport the LabourRelations 2008of to presentthe Annual I ampleased Chairman Maurice Cashell Chairman’s Statement F and Parliament. resources approvedthe Minister by deliveredthe time andwithin on the Board 2008was inJanuary by or a large part of 2008agreat of deal or alarge part or 2008approved recruitment strategythe of continue, commencingthe with and development LRC of staff must technologies. Suchmanagement in information andcommunication there has been significant investment Tothose capabilities, complement development skillsandcapabilities. of in employeethe performance and in and deliberate investment alllevels at asaresult aconscious of came about was aspontaneous occurrence. not It past performance of an excellent staff move future. into anuncertain The the extremetaxedto will be aswe the currentin abundance cohort, duty. Those qualities, which are present confident andhaveof public asense and customerfocused. be They must honest. behighperforming They must provision,with service and impartial knowledgeable, andcourteous prompt areto beskilledand peoplewhoneed is composed itsemployees. of These and consumers. Its ‘production line’ business,trades unions, workers organisation Government, serving The LRC is asolutions-oriented resources. andhuman talent widen itspoolof its staff andhoweffectively can it manages the LRC willlieinhowwellit one ofthe keysto the future success of to my conclusion: primary brings me base availablethe Commission.to This the knowledgeandskills thus limiting too narrowly personnelisbased,of recruitmentthat addressing the belief the2007Report,identified in is,that in referrals. Less progress was made of throughput the to and services 2008 onanotherissuesimilarly outcomes andberealistic about to focuswill need onoutputsand targets.and performance Boards expectations, service levels,timescales more concerning explicit objectives, to be allstateof bodieswillneed responsibilities. Infuture, Boards improved, itsoversight of aspart this canbe performance andhow the LRC inasystematic dialogue on and Employment hasengagedwith Enterprise, of The Department Trade them. sharedof between services where appropriatethe use and achieved fromthe merger of agencies to ensure synergiesthat need are expressedthe Statementthat of in The LRC would sharethe sentiment Transforming Public Services. Government Statement on the debate followingin the on properly vindicated) willbeafactor workers’ rights understatute are that those charged withensuring employment relations area (including the agenciesin The multiplicityof Enterprise Trade andEmployment. Department, of the Department its relationships withitsparent governanceof the LRC and of near future relatesthe quality to the An issuelikelyto arisein also employees. on learninganddevelopment its of the LRC placesahighpriority that and involvedtheir work indecisionsabout adequate recognition,they are that ensure staffthat they feel receive that Our practices andprocesses should health shouldremain apriority. organisation. Moreover, organisational  Labour Relations Commission Annual Report 2008 Maurice Cashell Cashell Maurice Chairman With my colleagues on the Board colleagues my With confidence that the I express and capacity of commitment the Mulvey, Kieran Chief Executive, and the his staff team of Rights will enable the LRC Commissioners, would I ahead. challenges the meet to Minister and Tánaiste the thank to like Employment, and Trade Enterprise, for and the T.D., Ms Mary Coughlan, Mr Billy Labour Affairs, Minister for their continuing for T.D., Kelleher General, Secretary and encouragement; the in colleagues his and Gorman, Seán and Trade Department of Enterprise, their support for Employment during Since sixth and lastthis is my the year. I take as Chairman of year the Board, my this opportunity record to formally of fellow the work of my appreciation personal Members and my Board to assistance unfailing their for thanks their wisdom and commitment to me, and their contribution public service, to the success of the Commission. what can be achieved with the with the what can be achieved welcomes The LRC deployed. resources a which marks on outcomes this focus emphasis on an over from away shift a and controls input and compliance – or what is achieved towards move – with notthose resources. achieved  Labour Relations Commission Annual Report 2008 o T the the completion of “Review and The earlieroptimismsurrounding and employment related matters. resolution on a wide spectrum of pay agreed processes in regardto dispute provided also for agreed pay levels and bargaining structures. The model sectoral pay regulation andcollective compliance,the minimumwage and employment lawdevelopments and inregard certainty of to pay, taxation, Such amodelprovided ahighdegree relations andchangemanagement. Social Partnership model of industrial the the milieuof largely within The Commission hasoperated circumstances. those changing dynamics of entirely. So hasthe social and political world inwhichwelive haschanged C comprehensivethe of activity the recordingSince the of Chief Executive Kieran Mulvey Chief Executive’s Report individual employerstheir and parties, and the socialpartners significant challenges for all political uncertainty” presents profound and ever encountered. This new “age of fiscal and political challenges we have the greatest then bysomeof since ransitional Agreement 2008-009” f September2008hasbeenfollowed ommission in2008,the economic

in the future. in Above all,to buildconfidence weneed skilled humanresources population. upon our school leavers, graduates, and measures in order to mitigate the effects imaginative part-time employment enterprises withskills retraining and to retainis essential jobsinquality employment, a sector-based strategy and proportionality. Regarding should begreater fairness, equity hallmarks future of taxation policy on higherincomes/earnings. The degree contribution of fromthose employment and it demands a higher generosity fromthose incontinued consensus requires sacrificeand isnowengulfed.in whichit Sucha crises the seriesof this country of out to manageandguide is vitalinorder A broader political and social consensus skills for economic recovery. necessity,the retention asis their of isanurgentindustries andservices employment inlongestablished haemorrhaging of skilled, professional the rapidtackle increasingto delivering new employment strategies who are vulnerable, devising and those the protection of solidarity and to retain abroad consensus onsocial growingOf concernthe necessity is the country.standards within scope afall of inlivingandearnings the levelthem willrespondto and those affected uponhow by impact environment willhave but acentral beyondthe industrialrelations employees. These challengesgo through rationalisation. canbeachievedthat the synergies employment disputeresolution and agenciesinvolvedthe numberof in time isappropriateto reviewThe also decisionmaking. of the detriment prolongto negotiations changing economic global market,to havenot the luxury, this fast in to finality.the issues to bring We do bindingarbitrationuse of ifnecessary their maximum,to used the including andshouldbe they must issues and achievethese formidable resolutionsto proceduresto andinstitutionsexist real andapparent. The structures, for industrialrelations is conflict very negotiation and decision. The potential arethe structures for consultation, Centralto achievingthe above changes in allourpublicservices. achieved. Suchanapproach isessential be re-examined and greater efficiencies cost of providingthese services must the beretained must but services is financiallyunsustainable. Core and apriorityand,therefore, what are services decide what necessary forthe foreseeable future. We must currentthem at maintain levels to expand or ourpublicservices services. We continue cannot simply reformthe provision and public of approach that must be taken regarding the is importance particular Of  Labour Relations Commission Annual Report 2008 Kieran Mulvey Mulvey Kieran Chief Executive The road ahead for Irish society is ahead for The road not uncertain and we are unsure and This is a global alone in this dilemma. however, have, We phenomenon. to resources the human and natural out of this uncertainty. plan our way equally and Sacrifice must be shared mustthe have We proportionally. in trust the and belief the confidence, institutions social and political our all achievable to plan ahead towards This the medium-term. gains over in turn the ability of requires these and themselves institutions to reform the leadership capabilities develop to see us through these turbulent and challenging times. 10 Labour Relations Commission Annual Report 2008 employment lawdirectives. transposition various of EU werethe ICTU givento regarding the 2 theLisbon first rejected Treaty inJune concerns Irishcitizens of afterthey the main Irish politiciansasamong these issueswereAll highlighted by traditionalto neutrality.its claim and gay marriages–orinterfere with issues’ –suchasabortion, euthanasia on Ireland concerningtaxation, ‘ethical imposerules the EUwouldnot that the institution, aswellapromise foreseeingthe size areduction of of the despite Treaty initially document future European Commissions – state willkeep aCommissioner in include a guaranteethat each member some possible asecond votethe on Treaty of concessionsto allow Dublinto make agr Subsequently, EUleadersinBrussels J hold a referendum onthe EU Treaty, in Ireland wasthe onlyEUcountryto Political developments relationsthe year worldas progressed. andthis was reflected in the industrial economic, bankingandfiscalcrisis, to bedominated byaserious came de issues andemployment law-related agreements,significant publicsector disputes, collective bargaining, covering socialpartnership, industrial relations developments during2008, This annualreview examines industrial industrial relations, 2008 LRC annualreview of Chapter 1Developments in2008 une 008. Inadditionvarious undertakings velopments. 2008was ayearthat 008 to aseries eed inDecember2008 2 time in2009. These concessions 008,the result being a ‘No’ vote.

• Public (i.e. sector the publicservice): • • • 2 public andprivate 6%over of sector (TA) provided for paythe risesin element of the formedagreementthat acentral downturn. The national wage bubble’, andamarked economic sharp ending of a domestic ‘property fromthe globalcredit crunch, the economic circumstances resulting agreement was negotiated indifficult Employers Confederation (IBEC). The (ICTU)the IrishBusinessand andby boththe Irish Congress of Trade Unions formally ratified on17thNovember by framework.social partnership was It c Agreement’) was agreedthe within pay agreement (The ‘Transitional In September2008, anewnational Collective Bargaining • Private sector: and phasingarrangements, asfollows: ontext of the ten-year,the ontext of Towards 2016

1 months, but with different pay pause 9 months; o A pay increase 2.5%for of aperiod 6months;of A pay increase 3.5%for of aperiod increase 3.5%for of aperiodof From September2009, 1st apay A pay 11months; pauseof the construction sector); (including A pay 3months pauseof i that the date €11 perhourorlesson ncrease falls due, a pay increase of f 12months –or, for workers on ‘Transitional Agreement’

3

%. • o the TA compared module the first with 6%over(The 21months agreed under this area.in the following: states It which backs pay apolicy of moderation was a clause on executive remuneration, the of A newelement TA agreement Court. findings are generally the endorsedby for abindingdecision. These assessor could bereferred the LabourCourt to Commission. Afindingbyanassessor the LabourRelationsappointed by referred for adjudication byanassessor terms,paythe to be withsuch cases theycould wereto that argue unable recent national agreements. Employers to pay’‘inability clausesintroduced in The TAthe same alsomaintained paid infour phases.) 10% wage increase over 27months,

f Towards 2016, whichprovided for a (€22 who receive a3%increase. respect ofexecutiverespect pay.’ moderation in isalsoobserved paythat to ensure their members as amatter ofpolicy, encourage Agreement, employerbodieswill, moderationthis under Transitional interest, ofobservation ofpay the importance,of the national in the socialpartners acceptance by economic circumstances,the and the contextthe changed ‘In of to andincluding€4 2.5% –except for workers earningup From June2010, 1st apay increase of per annum) on that date,that 3 perannum)on ,46 0.49 perweek 30.49 11 Labour Relations Commission Annual Report 2008

2009. 008. An end ofthe 2008. ) before Setting up a process to develop Setting up a process to develop on the framework a national of rights employment temporary and prohibiting agency workers, in the the use of agency workers or lock outs strikes case of official in which the issue of employee in which the issue of employee appropriate the and representation will be framework legislative addressed Optional recourse to voluntary to voluntary Optional recourse enterprise at change on arbitration level Setting up a time-bound process of a statutory The introduction on prohibition the victimisation based on their of employees membership or non-membership or activity on behalf of a trade and on incentivising union, unions trade of non-membership 008, an early indication of what an early indication 008,

On the other hand, other companies other companies On hand, the other (Aer Lingus, freezes also sought pay Independent broadcaster), (state RTÉ and various Times Irish Newspapers, others unknown number of firms were unknown number of firms were ‘inability to pay’ expected to plead The procedures. claims under formal however, most in pay, evident trend thatwas majority of private the vast simply were firms semi-state or sector by the end of ‘holding pattern’ in a 2 issues Non-pay Agreement’ ‘Transitional The of initiatives a range also covered the basic pay beyond emanating including: terms above, • • would be an emerging trend in pay in pay would be an emerging trend that began itself to manifest freezes, in early • • 008, a small number number small a 008, 2 008, the ted in September 2008, .5%) of TA for its employees. for TA 3.5%) of 009, the 2009, (In mid-January eed. billion worth of Government billion worth of Government 2007 with to 6.4% in August 2008, 009 (Central Bank, Bank, f at least in 2009 (Central 11% 5) companies sector (25) companies f private 009 despite the protest of public In the short period since the TA was was In the shortTA since period the negotia (including one major semi-state) (including one major semi-state) confirmed to the weekly special News Industrial Relations publication, (IRN) that to apply had agreed they TA agreement. the first phase of the The list included well-known firms Analog Insurance, Axa Diageo, such as: Transformers. ABBand Liebherr Devices, of ESB also The board the state-owned of to sanctionagreed payment the first phase ( o By the end of of end the By spending to help fill an increasing spending to help fill an increasing to led This finances. public the in gap decision to introduce a Government a new levy on public sector pensions, in March implemented which was 2 sector unions.) trade sector pay Private Minister for Finance, Brian Lenihan T.D., T.D., Lenihan Brian Finance, for Minister he wished to indicate was to cut €2 already evident decline in evident the Irish already with significant accelerated economy and a redundancies/restructuring The growth in unemployment. rapid 4.6% from rose rate unemployment in or by up to 15% 2009 forecast) March March by the end of 2009 (Ulster Bank, 2009 forecast). no however, By the end of the year, the of terms pay the of revision formal of a national formulation and/or TA plan had been emergency economic agr signs that it would rise to an average signs that it would rise to an average o

2 billion to the €1. 008. The PSBB was initially was The PSBB y 2008. , report In its first in 2002, ers. 008, by a worldwide triggered f 2008, and then domestic banking crisis, it and then domestic banking crisis, certainappeared that terms the pay under pressure would come TA in the due to to be revisited by employers deterioration the sudden and severe in the Irish economy. The core rationale used by the PSBB rationale The core awarding for in report, this second bulk of the vast rises for no pay pension the that was servants, public of most public servants entitlements deemed to outstrip were those of by sector comparators private 15%. approximately In second benchmarking exercise, the benchmarking exercise, In second because quite different, was situation majority of servants public the vast although anything, not awarded were in a small number of servants public awards. pay attract did grades senior 15 state, with some groups receiving less less receiving groups some with state, common a was There more. some and at perception the time that public fallen had general in pay service sector comparators. private behind In the deepening economic downturn In downturn the deepening economic months the lastthat pervaded few o The economic downturn The economic the PSBB recommended average pay pay average recommended the PSBB of 8.9% across the public increases service at a cost of established to compare the pay of the pay established compare to sector with private public servants work Benchmarking ‘Two’ Benchmarking Sector Benchmarking Body The Public report issuing a second on 11th (PSBB) Januar 12 Labour Relations Commission Annual Report 2008 fromtrade a unionperspective. I alteredthe effectiveness the of Supr the the high-profile decision by stronger representation rights after In addition, unionshadbeenseeking exploitation vulnerable of workers. they sawasrisingemployer what rights for agency workers,to prevent rights,treatment includingequal a comprehensive floor of employment Trade unionshadbeendemanding trade unionrepresentation rights. employment rights framework; and agency workers;the general 2 The main legislative developments in Legislative developments • • ndustrial Relations Acts,

008 relatedto rights fortemporary (OECD)” Co-operation andDevelopment the Organisationby for Economic integrated issued publicservice the report to “Ireland: Towards an public service, includingaresponse Commitmentsthe to modernising of undertakings orbusinesses undertakings of undertakings, businessesorparts the eventrightstransfers in of of the safeguardingto employees’ of the MemberStates relating of the approximationthe laws of Council Directive 2001/ Provisions for pensionsunder eme Court inFebruaryeme Court 2007 2 23 001- /EC on 2 004,

• • • • • as follows: the in TA (somealready outlinedabove) general area employment of relations legislativeof commitmentsthe in the Government madeanumber Respondingto uniondemands,

the case of officialthe caseof strikes orlockouts Prohibiting agencyworkers useof in by Mar draft of enactment legislation tradeto of unions–withaview incentivising non-membership behalf of,trade a union, andon non-membership, on oractivity their membershipor based on the victimisation employees of on Introduce astatutory prohibition case) the Irish Supreme in Court ‘Ryanair’ the by the judgment of rosethat out 2 the aforementionedthe on impact legisla the necessary of enactment will bereviewed,to withaview appropriate legislative framework employeeof representationthe and the issue Marchof 2009)inwhich upa6month processSet (deadline Regulation Bill beforethe end of Publish Employment Agency agr anythat frameworkthe aim with treatmentto agencyworkers, rights new EUDirective granting equal agency workersthe asaresult of employment and rights oftemporary a national frameworkthe on Setting upaprocesstodevelop 2004 IndustrialRelations001- Acts eed could beoperational in2009 tion inJune2009(following ch 2009

2 008

• • • • • statistics were: compared with6in2007. Otherkey 12industrialdisputesin008 of with 6,038 in2007. There weretotal a industrial disputesin to days lost there were 4,179 just Statistics Office (CSO) that indicate figuresThe latest from Central Strikes, industrialaction •

the f The 4disputesinprogress during engaging incollective bargaining. under existing competition law from actors, whoare currently prevented including freelance journalists and for vulnerable certain workers, collectiveof bargaining rights 200, withregardto provision Competition of Amendment Act, a legalchallengeearlierin (REA’s), whichwas influencedby Registered Employment Agreements Regulation Orders (ERO’s) and existing Employment systemof Introduce legislationto strengthen 3 2008compared of quarter with the fourth The 1,397days in lost by the IrishHotelsFederationby (IHF) the other services sector.the otherservices dayswhile 954(23%)of were in lost for 2,051total daysthe lost, (49%)of The manufacturing accounted sector bef and a stronger labour inspectorate – Employment Rights Authority (NERA) remit and powers ofthe National Bill, whichwillregulatethe Employment LawCompliance the to enact A commitment o 99 workers and4firms. , f 2007. 941 days lost inthe fourth quarter ore 2008 the endof ourth quarter of 2008involved of quarter ourth 2008, compared 2008

13 Labour Relations Commission Annual Report 2008 

 

 

 

 008, as well as 2008, 

 

 

 e place early in 2009. to take 

per hour pay increase for electricians, electricians, for increase per hour pay of a High the removal following such a hearing. preventing Court order minimum sets industry the for REA The electricians. 10,000 about for rates pay adjusted each are rates These pay on 1st April by the Labour Court, employers and workers by application Hearings on the case in the industry. wer Restructuring, significant Restructuring, agreements the onsetWith of financial crisis significant slowdown, economic and reductions workforce and restructuring took place during on internal significant agreements Some and pension systems. reward examples:  

 

 

 

 

 

 

 

  tion in early October 2008 following



the Health Service Executive (HSE). (HSE). the Health Service Executive IMPACT action, the of part As by the HSE employed members vacant left posts to cover refused as well as freeze, by the recruitment and overtime non-emergency stopping non-cooperation and work, out-of-hours IMPACT provision. with aspects of data suspended its industrial eventually ac an intervention by the Labour Relations by the Labour Relations an intervention The settlement proposals Commission. by included strong the LRC brokered greater for emphasis on a requirement between HSE and the consultation regarding procedures members, IMPACT posts and use of agency staff. vacant the to mounted was challenge major A Electrical the for Agreement Registered Court Labour The Industry. Contracting with a told itwas proceed could a €1.05 for hearing an application 

 

 

 

 

 

 

        Figure 1a – Ireland – Strike Statistics and Trends in 000’s Trends and Statistics – Strike 1a – Ireland Figure 8,000 28,000 over 2008, On 1st May members of the Irish Municipal (IMPACT) Union Trade Civil and Public in servicethe health employed and sustained launched a gradual against action industrial of campaign imposed by restrictions recruitment Significant disputes It should be noted, however, that the however, It should be noted, tell not does data dispute CSO official the full story conflict. on industrial included only are disputes Significantly, in if involve the CSO calculations they at least a stoppage of work lasting for and total 1 day time lost is 10 or more of forms many Clearly, person-days. now falling industrial action are such as short outside this definition, work to protests, sharp stoppages, and so forth. rules, Industrial disputes – a caveat Source: www.cso.ie Source: 14 Labour Relations Commission Annual Report 2008 entrants. redundancies, andalowerrate for new practices,to 100voluntary up meanwhile, agreedto changedwork conditions. IMPACT cabincrew, positions onagreedterms and lower payment, andthen re-apply for leavethe company, secure a lump sum SIPTUof ground staff would haveto outsourcing. Instead, alarge proportion wouldhavethat plan involved of Conciliation, amended anoriginal Chairmanship of Kevin Foley, Director agreement drawnthe upunder cost reduction programme. The final cost cuts as of part totala which involved c IMPACT. Agreement was reached on tradeits main unions, SIPTU and the former state-owned airlineand traditional industrial relations between the signalled amajorchangein A large-scale outsourcing plan Aer Lingus Source: www.cso.ie Figure 1b–AnnualDays inIrelandto IndustrialAction due Lost             ost-cutting measuresost-cutting inlate 2008,                           S S   €   54 million in staff   € 74 million       outc payment Ireland. Bankof at The hour stoppageover adelayed bonus threatenedaverted a twenty-four LRC chiefexecutive, Kieran Mulvey, IrelandBank of shareprofit criteria. rewards programmes, andnew performance and management remuneration process,to changes its 3 andUnite,IBOA secured adisputed performance-related measures to co-operate withanumberof the bank, inreturn for agreeing 1 The restructuring agreement entailed c in acreative mannerbyreaching problems. It respondedthe challenge to AXA experienced competitiveness Like other firms in the insurance sector, AXA Insurance 20 voluntary redundancies, anew onsensus agreement in2008with % payment initiallywithheldby trade2 unions, SIPTU and Unite. ome means that 2unions,that ome means        

 

  r Benchmarking Bodyandwhich Financial Authority Services Gradesthe Central in Bankand Mr Mulvey chairedthe Review of contribution (DC)plans. (DB) pensionsanddefined benefit which are acombination defined of development of ‘hybrid’ pensionplans, agreement represented the further the LabourCourt. endorsed by The the LRC, Division of was formally the ConciliationDirector of Services assistance of Tom Pomphrett, Deputy new employees,the negotiated with apensionschemeforterms of the Irelandof the sameunionsover and A separate disputebetweenBank between Transformation Programme agreed aspecialfour-yearof Strategic the agreedwho is facilitator joint byMrMulvey,clearly spelledout eported inMay 2008. eported     the parties in2005. the parties         15 Labour Relations Commission Annual Report 2008 when he was 1973 when he was the Dáil until appointed to serve as Ireland’s first as Ireland’s appointed to serve Vice and as a Commissioner European By then, of President the Commission. built up a strong track he had already in cabinet served from having record of as Minister 1959 successively Industry & Commerce, Education, as Minister 1969, Labour – and from Affairs. of Foreign on Dr Hillery brought guided and the the Industrial Relations book, statute Act which initiated 1969 the unique successful post and very of Rights Commissioner. Patrick Hillery – Former Minister Hillery – Former Patrick Labour occurred the death During the year, Labour and former for of ex-Minister (1976-1990), of Ireland President popular local As a Hillery. Dr Patrick for electionfor ran he first doctor, alongside the former Fáil Fianna in the DeValera, Eamon Taoiseach, serving in 1951, constituency Clare in

by the end of 2008 the urgency 008, entitled entitled in 2008, vice released of curbing burgeoning expenditure expenditure of curbing burgeoning across the health service was attention. of focus main the becoming ‘Towards an integrated public service’, service’, public integrated an ‘Towards suggested that levels employment in services public on expenditure and not high by international are Ireland the report However, standards. service public the that recommended what is from away needs to move concept. control’ ‘central a as described needed also are working of ways New public in order to meet increased at a time ofexpectations reduced to according the OECD. resources, The report suggested that the public the maximise must government service by adopting a citizen-centred the chances and increasing approach managerial mobility, workers’ for as well as better budget delegation, control. formidable a into faced Government The the public task in terms of reforming particularly the health service. service, suggestedSome observers that social partnership be used could to progress using consensus- public service reform based joint problem-solving tools in Forum Health The interest. national the established with this in mind, was but The OECD and Public ServiceThe OECD and Public reform a service, public the in generally More Organisation the by report long-awaited and Co-operation Economic for on the public (OECD) Development ser

80 people were to leave leave to were people 80 2 008. The new 2008. as of May yers 09, Waterford Crystal, and its parent parent its and Crystal, Waterford 09, 008. As a result of a restructuring of a restructuring As a result 008. 0 contract gives medical consultants a consultants medical gives contract for return in increase significant pay their private to both reduce agreeing their input (while increasing practice and system), into the public hospital large A flexibility. time working increase consultants funded number of publicly practice, private conducting been have the public for implications has which the Moreover, hospital system. to step up wants the government in working number of consultants significant the However, hospitals. public could finances public in deterioration impact on the negative a have consultants. of extra appointment on top of the 490 who had already due to depart, or were departed, January (In plan. restructuring a under 2 Hospital Consultants of stop-start years negotiations, After finally hospital consultants Ireland’s with health a new contract concluded emplo Waterford Wedgwood, went into went into Wedgwood, Waterford difficulties, financial to due receivership A major seeking a buyer. and was a threat was the workers for concern to those the pension scheme for that remained.) plan, some some plan, Waterford Crystal Waterford Crystal as Waterford of The presence was Ireland in entity manufacturing a in October of over all but formally 2 16 Labour Relations Commission Annual Report 2008 (Edward deBono) the designofanoutcome” dimensional explorationto leading three into fight a two-dimensional a “Purpose ofconciliation to convert is 2 Overview Conciliation of Activity public andprivate sectors.” operatingservice to acontinually the highstandard inboth “To provide animpartial,timely andeffective conciliation Mission Statement The Conciliation Divisionin2008 Services Ser Chapter 2TheCommission’s Margaret Sweeney Administration Tom Pomphrett ConciliationDeputy Director of Division Services Kevin Foley ConciliationDirector of Division Services Total Meetings Other meetings(e.g. JIC’s/JLC’s/C&A Schemes) Conciliation Conferences Referrals 008 vices in2008 1,968 1,726 1,317 242 dispute situa many informal meetings with individual parties in potential In addition,the Conciliation Divisionengaged in Services 2007. (SeeFigure 2afor comparisons with previous years.) T the year.remained throughout undiminished effectiveness conciliation of asadisputeresolutiontool 1, the Conciliationthe year, Divisionin Services comparedto in meetings convenedthe Conciliation by Division Services Committees etc. Therefore,the overall formaltotal of Committees, Conciliation Councils, andMonitoring IndustrialCouncils, Joint the chairingof Labour Joint another 24meetingsin008, comprising facilitation, comparedto 1,690in2007. The Divisionalsoconvened in the Service commitmentto userstoday. The data contained resolution of in pursuit thecornerstone continues to beof long period. traditionThe commitment of andpersistence commitment, skillanddedication conciliators of over avery reputation for effectiveness whichhasbeencreatedthe by very deep organisational knowledge base and a very strong The otherkey outcome isa suchlongevity of service of to resolve industrialdisputesanddifficulties. the process andare very effective inexploiting itspotential conciliation are service very familiar the dynamicsof with the Commission’s the usersof that this is The result of tothe employment relationshiptherefore has a long history. byparties this economythe service the utilisationin of and the late 1800s.or anothersince The practice conciliation of bodies whichhasbeenprovidedthe State inoneform by employees,trade unionsandemployer representative Commissionto Irishemployers, delivers aservice The Conciliationthe LabourRelations of Service he Division chaired 1,7 283 disputesreferred in2007. 008 amounted to 1,968,2008 amounted compared 1,926in total of to a 008 the in2008 that makes clear this AnnualReport it tions. 1,317disputesweretotal of A referredto 2 6 conciliation conferences in 2 008,

17 Labour Relations Commission Annual Report 2008           008. To encourage the use of encourage To 2008. 008). The on-line team is looking looking is team on-line The 008). 2 008, continued to promote its ‘on-line’ ‘on-line’ its to promote continued 008, ear ( ear service via an on-line referral facility facility service via an on-line referral during at ways to increase this figure in the this figure to increase at ways Access to the on-line referral future. website, Commission’s the via is facility www.lrc.ie. i.e. this facility the Division has, during has, the Division this facility 2 with customers utilising e-mail referral interaction in promotion direct and shots and thirty One hundred with clients. of 10% (approximately referrals on-line the during received were referrals) total y 2008 Service Delivery Conciliation Services Division is The Conciliation regions geographical four as structured national a with together Dublin outside in all of Sector Officers Unit. Public conduct conciliation the Regions in the Dublin area. conferences of An overview the activity in each is outlined below. of the regions              f the parties under Section 20(2) of f Towards 2016. Towards f   o 1969, Act, the Industrial Relations of in the provisions the context o On-line Referral Facility On-line Referral making to committed is Division The access to its services as easy and The for users. as possible efficient Services Division Conciliation access to its to provide continued Apart from the delivery of conciliation Apart of conciliation from the delivery the Commission in dispute situations, variety in a available its officers makes independent as act to circumstances of and chairpersons of negotiating officers regard this In fora. consultation chair importantof the Commission including the Local bodies, national Benchmarking Parallel Authority the CINJIC, the the ESBJIC, process, Joint Labour Committees HSNJC, of industries a variety covering as well as a number of national Joint Industrial Councils. 008. 008. 2      -EETINGS   2EFERRALS    6(1) of the Industrial Relations Relations Industrial the of 6(1) 2 ears 2002 to 2008 and confirms   59 cases were referred by referred total of 259 cases were 008, demonstrating the continuing the continuing demonstrating 008, b identifies comparative comparative 2b identifies igure         Figure 2a – Conciliation Services Activity 2002-2008 2a – Conciliation Figure The Service secured a settlement in The Service secured to it in 80.48% of all cases referred 2 , were were 2, and the remainder, 1990, Act, on behalf by the Commission referred 57 were referrals under referrals 257 were Of these, Section the Commission to the Court in in Court the to Commission the settlement rates at conciliation for for at conciliation settlement rates the y effectiveness of as a vital the process effectiveness element of dispute resolution the in the Irish economy. infrastructure F A Where no resolution of a dispute is no resolution Where the Service possible at conciliation, agreement the secure to endeavours of the parties to proceed to the of investigation Labour Court for on the issues and recommendation in dispute. the Service’s record of achievement in of achievement record the Service’s and challenging dealing with complex the years. issues over 18 Labour Relations Commission Annual Report 2008 Labour C were referredthe by Teamthe to issue disputes. 48disputes total of A covering arange singleandmulti- of employerstrade and unionsin2008, The areas) andinDublin. Tipperary (Clonmel and Carrick-on-Súir Waterford, Wexford, Wicklow and in counties Carlow, Kildare, Kilkenny, Team provided conciliation services Region East the East/South In 2008 in 2008 Overview Regional of Activity Figure 2b–Conciliation Rate Settlement 2001-2008 Service      Administration Relations Officers Industrial Regional Manager Region: East East/South  Team chaired 333meetingswith ourt in2008. ourt   Karen Buchanan Maedhbh Cronin Louis Mooney and Brian McGinn   pr cost-offsetting measuresthe under pleading to pay’‘inability orseeking There were very few cases of employers pay, grading and allowance-type issues. Dawn Meats, DonohoeBeverages, (Irish IndustrialExplosives), Chadwicks, Glanbia, Tegral, OrmondeBrick, Kemek such as Honeywell Turbo Technologies, awiderangeat othercompanies of numbers andrationalisation/change disputes relatingto reductions in Assistance was alsoprovided in Bachelors and Odlums in Co. Kildare. Snowcream in Waterford, andat Quinn Radiators inCo. Tipperary, closuresplant Moy at Isover and negotiations onredundancy at and assistancewas provided in redundancy andrationalisation, category disputerelated of to commonThe second broad most T East the East/South withby dealt common issue The singlemost  eam in2008was pay, mainlybasic  ovisions of T2016.     Division asawholeinitsrole as the Conciliationto Services support t view,the ongoingadherenceto and stable with, inthe Commission’s i The overall industrial relations climate nationwide.industry Committee forthe contract cleaning Labour anewlyestablishedJoint of took upanappointment aschairman Local Authority National Council and route. He also acted as chairman ofthe termination itsShannon-Heathrow of issues arisingfromthecompany’s between AerLingusandSIPTU on Regionaltalks Managerassistedin featuredindustry prominently. The industry and companies inthe printing supplying materials to the construction and DeLaRue-Smurfit. Companies Plan f In line with the Commission’s Business industrialconfrontation.absence of procedures. There was anotable nthe region in erms of T or 2008,the Team provided   2 016 and normal disputes 2 008 remained orderly   19 Labour Relations Commission Annual Report 2008 John Agnew Brendan Cunningham Whyte Marguerite %) in the region. The 3%) in the region. the Region in 2008 saw a the Region y throughout 2008. 5 conciliation 2008 a total of 325 conciliation Region: Mid-West and West and Mid-West Region: Manager Regional Industrial Officer Relations Administration referral system (referred to above) to above) system (referred referral of disputes referral which facilitates Commission via Relations the Labour Team of One member the website. has also acted as the Conciliation for Services administrator Division of the LRC ongoing development website (www.lrc.ie). Manager has also The Regional facilitating in involvement his continued in an industrythe Irish Film agreement Industr Overview of Regional Activity of Regional Overview in 2008 provides Team West/Mid-West The Services in counties Conciliation Roscommon, Galway, Clare, Limerick, and Offaly Westmeath and parts of the for and has primary responsibility Regional The financial services sector. Manager also chairs Industry the State which (JIC), Joint Industrial Council month. second meets every In in held – 154 (47%) were conferences Dublin and 171 (5 Services of experience the Conciliation Division in and change deepening of competitive partly within manufacturing pressures fluctuations rate by exchange driven retail, the in difficulties accelerating and hotel and financial services sectors. 008, participated in the the in participated 008, 2 81 meetings. Amongst these 281 meetings. 008, with one member of the the of member one with 008, 2 uring uring he Team, in in Team, he The Team dealt with a variety of issues issues of variety a with dealt Team The heavily was and year the throughout plans in in restructuring involved in the food, major companies many and in pharmaceutical industries also dealt Team The manufacturing. with a number of in issues the hotel Kerry). in Co. sector (predominantly in Change management initiatives Cork in operating Authorities Local the dealt with by were the and Kerry variety a addressed also which Team, in of matters the health services, current Given both public and private. on and pressure conditions economic itthat is anticipated public spending, in involved the Service will be heavily Sector issues going forward. Public involvement its continued Team The in of the delivery the Commission’s Service and Mediation Workplace undertook a number of mediation public and private both with sessions in the region sector organisations d Team continuing to participate as a continuing Team Mediation Workplace member of the management Service internal team. T number been a substantial issues have especially cases, of redundancy-related Team The in sector. the construction continuing in involved been further, has, and monitoring/ development online of maintenance the Service’s administration of the Construction administration and all Tribunal Industry Disputes continued to act as Chairs officers Tribunal. of that has been involved Team the In Dublin, issues relations ofindustrial variety a in chairing

81 81 2 008 008 2 007 and and 007 2 Damien Cannon Michael Keegan and John Kelly Kavanagh Lena 007). The 220 in 2007). 008 and a further further a and 008 2 Team serviced 228 meetings in Team 8, remaining consistent with consistent the remaining 8, Regional Manager Regional Region: South West South Region: Industrial Officers Relations Administration he region in in region he number of conciliation conferences conferences number of conciliation year, last Region West South the in held 22 in Dublin (up on 007). The in 2007). (226, year previous between comparison t relations industrial relative reflects most of for stability in the the region involved was Service the although year, restructuring/redundancy in large Glaxo- PortCork, of issues in Pfizer, SmithKline and Beamish & Crawford. The Overview of activity regional Overview in 2008 consists Region West The South and South Kerry Cork, of counties The bulk of the caseload Tipperary. Tralee, City with arises in Cork also a significant location Kerry Co. service delivery. of conciliation co-ordinator of management data of management data co-ordinator computerised Division’s the by generated Team The Management system. Case also participated in a number of on projects Groups Working internal internal and proposals to improve supports and enhanced to officers including the services to clients, for Guide’ ‘User’s new a of production Service. of clients the Conciliation 20 Labour Relations Commission Annual Report 2008 Priv two significant in trainingto parties the designanddelivery of including training forthe Commission’s clients development and provision oftailored the continued Divisionin Services initiativein ajoint the Advisory with The Team invested effort significant Community andFamily Affairs. Social, of the Department in and provided facilitation to the parties Disputes Industry Tribunal hearings also chaired a number of Construction Workplace Mediation Service. The Team developmentthe Commission’s of the ongoing of the management the In particular Team contributedto the Divisiongenerally. by undertaken the broaderin range initiatives of during the delivery Conciliation of Services involvementAs wellasitsdirect in Irish Autism Action. Charity, StenaLine,the Allianzand in Enterprise Ireland, Daughters of Aluminium and Nexans and in Dublin in Limerick, Thermo King, Curran the Mid-Western Regional Hospital the region disputesin of including investmentstime inanumber of The Team madesignificant measures’. to pay’‘inability and ‘cost off-setting Conciliationthe Region in relatingto caseswerea numberof referredto the provisionsUnder of Towards 2016, ate companies Sector during 2008. 2008,the Team participated inability pay, offsetting cost measures and featured significantly in2008include r nature significantly increase the in this issuesof the incidenceof seen pressureto remain competitive has the economydownturnthe in and the the workof of Team,portion the changes have always been amajor redundancies andwork-practice companiesof andconsequent While rationalisation and restructuring relatively stable. relations climate in the region remains the industrial that would indicate 114 were heldinDublin. These figures 2 In or lessequallyacrosstheregion. Dublin. The caseloadisspread more Monaghan, Sligo, Westmeath and Longford, Louth, Mayo, Meath, covers Cavan, Donegal, Leitrim, The North West andBorders Region in 2008 Overview Regional of Activity with a 107 were heldinDublin. This compares egion in2008. havethat Otherissues 57 conciliation conferences, which of Administration Relations Officer Industrial Regional Manager Region: North-West andBorders 2008,the Team chaired total of a 007 of which 268in007of total of to pay under Towards 2016. for part of2008) for part Patrick Whelan (Kieren Meeand Murphy Dermot Mairead Daly Sheamus Sweeney

forthe Conciliation clients of Service. the production anew of ‘User’s Guide’ enhanced servicesto clients, including to officers internal and supports on projects andproposalstoimprove internala numberof Working Groups Region,East the Team in participated the East/South In conjunction with LabourCommittee.the ClothingJoint thesame as wellfulfilling roleon Contracting andMushroom industries Industrial Councils forthe Electrical The Regional ManagerchairsJoint in private organisations andpublicsector mediationnumber of sessionsinboth a the region in andundertook Service Commission’s Workplace Mediation the year. The Team alsodeliversthe a numberof Tribunal hearingsduring Disputes Industry Tribunal andchaired forthe Construction administering the services Team isalsoresponsible to providingIn addition Conciliation the Region. in Health Service the Publicdisputes in andPrivate withalarge numberof also dealt McCormick McNaughton. The Team People, Leitrim County Council and Council, Meath Chronicle, Western Terminal Contractors, Meath County Diageo, Sisk, Arnotts, Corrib Gas the year includedissuesarisingat withduring casesdealt Significant 2008. 21 Labour Relations Commission Annual Report 2008

 007 are as follows: 2007 are Established by Industry Established the Construction [REA]. Agreement Employment Registered  Other Activities of the Conciliation Other Activities of Conciliation the Services Division and JointJoint Labour Committees Industrial Councils Services Division The Conciliation Chairpersons and Deputy provides of Joint a range Chairpersons for Industrial Joint and Committees Labour established in accordance Councils Acts, with the Industrial Relations Details of Councils the 1946-1990. by the chaired and Committees Division in Joint Labour Committees of Dublin) (City Catering Grocery, Retail and Clothing. Cleaning Contract Joint Industrial Councils Industries, State Industry, Construction Electrical Contracting Authorities, Local Industry. Industry and Mushroom Industry Disputes Construction Tribunal to the Construction referred Cases (CIDT) Tribunal Disputes Industry are, at of the request the parties are, Joint Industry to the Construction by administered Council, Industrial Services Division. the Conciliation is a dispute resolution The CIDT mechanism designed by the parties to Industry Joint the Construction The Labour Industrial Council. has put in Commission Relations designed are which procedures, place operation. its effective to facilitate 008, unions representing unions representing 2008, complex issues and linkages at play at play issues and linkages complex Given of this sector. areas in many circumstances, in current the urgency, of bringing negotiations to finality, service to is likely the conciliation the involvement for demands face with particular disputes of officers a on an almost full-time basis over or weeks. period of days range a across employees now, to Up for of public sector employments, Teaching, the Civil Service, example, Forces Defence the Síochána, Garda An been and the Prison Service have & Arbitration by Conciliation covered not had formal have They Schemes. Serviceaccess or to the Conciliation the Labour Courtthe processing for of disputes. During employees covered by the Conciliation Conciliation the by covered employees a for voted schemes and Arbitration those and arrangements the in change depending in future, may employees on ofthe final outcome the parties’ have of the matter, consideration and Service Conciliation the to access the years In recent the Labour Court. Schemes Arbitration and Conciliation role a facilitation for did provide and Service Conciliation the involving of. availed this has been increasingly where instances also many are There of the Serviceofficers act in a chairing either on and decision making role, grievance, of part as or basis ad-hoc an disciplinary or other procedural example, for This happens, agreements. and An Post Bus Éireann, in Dublin Bus, the Irish Prison Service.

John Fallon Tighe Declan conciliation and 763 conciliation 2008, 009. during 2009. extent greater ven Regional Manager Regional Region: Public Service Public Region: Administration A feature of conciliation activity in such such in activity conciliation of feature A for requirement regular the is disputes a over conferences conciliation several parties’ the with deal to time of period of the This is indicative concerns. At public At many the time of writing, outlined major have sector employers and cost-cutting cost-containment to lead likely to that are measures with negotiations the unions difficult involved. conferences were held in such cases, held in such cases, were conferences across the Service. officers involving activity of conciliation This high level Sector reflectsin the change the Public agendas being and cost-containment of the sector. all areas pursued across situation economic the current Given levels to reduce and the requirement is no doubt there of public expenditure that the Service upon will be called to an e Over 500 disputes were referred to referred 500 disputes were Over from Division Services Conciliation the in sectorthe public employments during 008 saw a continuation of the 2008 saw a continuation the Conciliation whereby pattern of Services Division had a high level with disputes in public involvement During the year, sector employments. with all areas involved the Service was the example, for of the public sector, and non-commercial commercial the Health and sector, Semi-State Government Sectors, Authority Local sector. Education the and Departments 22 Labour Relations Commission Annual Report 2008 Review and Transitional Agreement under and SocialPartners reviewed progress and September2008,the Government tak Agreement allowfor aformal reviewto Implementation Arrangementsthe of Review SustainingProgress. of The the Mid-Termon fromtheexpiry of o Agreement provided for pay increases the 1of Section Towards 2016 Transitional Agreement Towards 2016/Review and take hadagreedto part. allparties not to convenethe asittingof Tribunal, as hadnot,it year-end, at beenpossible parties. Forthe remaining referrals to conciliation by agreement withthe hearing and 1casewas referred locally in advance of a Tribunal hearing. Four cases were resolved were assignedfor afull Tribunal referredthe to Tribunal and15cases During unfair dismissals. alleged breachesthe REAand of with pay, conditions employment, of the CIDTto have beenconcerned common issuesarisinginreferrals Once againin the among Tribunal members. decision wherethere isunanimity the that is Tribunal willonlyissuea employee representative. The practice which alsohave anemployer andan to chairperson Tribunal hearings, the CIJIC, provides anindependent to the parties the request of also at The Conciliation Division, Services ver 27months aperiodof following e placeduring2008. BetweenApril Towardsthe resulting 2016and 2008, 34casesweretotal of a 2008, the most

the Court is binding on the parties. isbindingon the Court under clause1.9(ii), the decisionof referralsthe caseof In the Court to the LabourCourt. to if necessary conciliation at attempt andreferral the employer,adopted by afurther the firm in the context of the position and employment circumstances of the economic, on report commercial the SocialPartners)submitted by to assessor (nominated from apanel bythe Commission of an independent conciliation, ifnecessary engagement tothe Labour Relations Commission for to reach agreement, referral if necessary locally the parties genuine attempts by The mechanismsinbothcasesrequire agreement. the terms of the payment of be implemented in order to facilitate seeks offsetting cost measuresto in situations wherethe employer and Clause 1.9 (iii) deals with disputes the agreement, terms of to paythe wherethe employer pleadsinability resolution disputesininstances of  1 and other matters. In particular, Clause resolution of disputes in relationto pay provide detailedmechanismsforthe Theterms of Towards 2 2 increasesto applyover aperiodof This provided for pay ascheduleof first .9 (ii) of Towards 008-2009 was produced inlate 2008. 1 months following onfromthe Review and Transitional Agreement. As reinforcedthe 1.11of inSection module of moduleof Towards 2016. 2 016 provides for the 2 016 (Section 1.9)

 , in the 66casesreferred Of the LRC to to verificationof required change. Service where disputes arise in relation the CivilandPublicin situations in the Commission are available to assist arrangements of wherebythe services the agreement.in There are also agreed “normal ongoingchange” asdescribed disputes related constitutesto what procedure forthe resolution of The agreements alsoprovide a C parties, referredthe Labour to 9cases The Commission,the onbehalfof dispute whichgavethe referral.to rise Commission to be specific as to issue in therefore, possibleforthe isnot it arrived locally. at those cases In to prior settlement or other outcome conference, for reasons related either result inaconciliation didnot part The remaining referrals forthe most Review and Transitional Agreement. Only 1casewas referredthe under measures and normal ongoing change. clauses relating off-settingto cost 6 caseseachreferredthe inunder under Towards 2016. o referred in relationto an alleged breach to 7 ofthese cases. Thirteen cases were to pay and an assessor was appointed f the f Towards 2016Agreement, with ourt in2008relatedto issuesarising ourt 2008, 27employers citedinability

23 Labour Relations Commission Annual Report 2008 carried out 10 industrial relations audits in 2008. carried out 10 industrial relations Service Delivery The Division is independent and impartial in the delivery relations in industrial experienced are Staff of its services. a number of in ways The Service works and practice theory. unions and to develop trade employees with employers, practices, relations and modern industrial positive Its primary is objective to help and structures. procedures and working relationships positive build and maintain mechanisms and resolution prevention problem effective time more which allow both management and employees of maintaining objectives on their shared to concentrate that It every recognises stable and successful workplaces. its own and unique in in is different itsituation is involved to meettailored always the Its assistance is therefore way. This itworks. which with parties the of requirements specific to assistance is confidential the parties of charge. and free Audits Industrial Relations to exist perceived are of problems range a broad Where understanding greater a gain to wish parties the where or be it may of in an organisation, the dynamics at play to conduct a auditappropriate thorough of industrial survey a with together procedures and practices relations in groups the enterprise. of of all the views the relevant In some cases to the auditthe parties is presented in the conclusions findings, containing report confidential a of form be it may In most cases however, and recommendations. present and agenda change the on focus to appropriate more improvements. the parties with a series of recommended furtherIt support can provide of post in reportthe form assistance with the necessary, where monitoring and, improvements. and changes required of the implementation It 009 (Freda Nolan). The post filled in early 2009 (Freda was 008. Administration Service) with Commissioner the Rights (Shared Noel Kenny – a Research/ vacancies carries three The Division currently two Advisory Officers. Officer/and Information Advisory Officers Costello Leo Alyson Gavin Senior Advisory Officers Seamus Doherty Assumpta McGill Director throughout The post of Advisory vacant of Services Director was 2 training and advice. training of research projects and projects the delivery of of research in-company assistance, the managing in-company assistance, such as the provision of various forms of forms of various such as the provision ranging across a broad range of activities range a broad across ranging Projects were undertaken during were Projects the year 2008 Activities Overview of the enterprise and assist in employment creation and retention.” and of and assistthe enterprise in employment creation of the Division Staffing practices and procedures, in order to enhance the economic well-being well-being economic the enhance to order in procedures, and practices promote, develop and implement best industrial relations policies, policies, and implement best develop industrial relations promote, “To work closely with employers, trade unions and employees to trade closely with employers, work “To The Advisory Services 2008 Division in Mission Statement 24 Labour Relations Commission Annual Report 2008 associated tradeassociatedthis regard. unionsin consulted with6employersUnit and gr to focusand assistanceonareas of effective andefficientof use resources to ensuredispute resolution services levelsthe Commission’s usageof of The Divisioncontinuously monitors Frequent UserInitiative in were chaired workingparties joint solutionsto their difficulties. Fourteen in developing mutuallyacceptable involvement direct givethe parties workplace. This facilityto isdesigned improve industrialrelationstheir in recommendationsto ordecisions to agreetogether andimplement employee representatives working companyof and management staffAdvisory sessions chairjoint Joint Working Parties w enhance competitiveness. The Service measures requiredto maintain and practices, structural changeandother and grievance procedures, newwork the developmentin specificdisputes of organisation. advisesonandassists It requireto improve assistance work facilitation. Many organisations also by providing preventive mediation/ difficulties. assistsinsuchcases It anticipatewhere parties future Assistance is often required in situations Preventive Mediation/Facilitation as involved in eatest need.eatest the Advisory In2008 2008. 2 0 such projects in 2 008. • completed: Tothe following date Codes have been has responsibility fortheir promotion. Industrial Relations Act, 1990. also It in acc drafting statutory of Codes Practice of The Divisionisresponsible forthe Codes Practice of 2 Labour Court/IMPACT case(February the Ryanair/the Supreme in of Court “fall-out” arisingfromthejudgement totalling 8referrals. the This reflects The le the issuesindispute. to resolve andunions management procedure, to assist whichisdesigned take place. facilitatesThe Service the where collective bargaining failsto arrangements are inplaceand not in situations where negotiating forthe processing of disputes arising 2 Voluntary DisputeResolution (SI 76of The EnhancedCode Practice of on Voluntary DisputeResolution provided assistancein4suchcases. fr procedures and other industrial relations agreements, grievance/disciplinary putting inplacenegotiating assistance ongoodpractice when the Divisionfor detailedadvice and employees and trade unions approach In someinstancesemployers, Advice

0 007). ameworks. In2008, the Service in Essential Services; Procedures, includingProcedures Code Practice of onDispute 04) provides a recognised framework of the ordance 42of withSection vel for activity of 2008was low, • • • • • During a Guideon Work-Related Stress. Practice,the Divisioncompleted the aboveto CodesIn addition of • • • • www.lrc.ie download fromtheLRC websiteat All Codes Practice of are available for Codesof werethat previously available. publication willreplacethe LRC packs are anadvanced at this stageand compendium/handbook allCodes of Codes Practice. of to publisha Steps the LRCdissemination packs of of telephone enquiries andthrough the information provision arisingfrom training and information programmes, the promotion of the Codes, through • •

Bullying in the Bullying in Workplace; Procedures for Addressing Code Practice of Detailing Dispute Resolution; Code Practice of on Voluntary Workingthe Retail in Trade; Code Practice of onSunday Rest Periods; Code Practice of onCompensatory Procedures;and Disciplinary Code Practice of onGrievance and Consultation. Code Practice of onInformation Employed inOtherPeople’s Homes; Code Practice of onPersons Part-Time Work; Codeto Practice of onAccess Code Practice of on Victimisation; Voluntary DisputeResolution; Enhanced Code Practice of on by their Employer;by and Facilitiesto beAfforded them Representativesthe Protection and Responsibilities Employee of Code Practice of onDutiesand 2008 workcontinued on

25 Labour Relations Commission Annual Report 2008

1 7 5 13 Number ter of 2009. 009, are being selected. are 2009, the Health Service National the Health Service National and the Forum Partnership to of Ireland College National design a change management by delivery the for programme with of Ireland, College National at targeted input from the LRC, pilot Three the Health Service. early commence to due projects, in and of Ireland College the National an accredited develop to jointly programme. skills development is aimed at The programme union trade managers, and employees representatives in negotiation a role who have in the and dispute resolution It is envisaged that workplace. delivered be will programme the on a pilot basis in the second quar

the grievance/disciplinary/ the grievance/disciplinary/ in place dispute arrangements in the organisation. Steering Groups and ProjectSteering Groups Development of the Conciliation During 2008 staff with: and Advisory Services worked (1) (2) tivity levels for 2008. for tivity levels Role and Functions Role Service Commissioner Rights of Practice Codes

Individual LRC Information Leaflets are are Leaflets Information Individual LRC Russian Portuguese, in Polish, available and Chinese (Mandarin) as follows: • LRC Programmes are delivered both on delivered are Programmes LRC as a module a stand-alone basis and/or own training in an organisation’s While descriptions as programme. of picture a broad outlined give and content, objectives programme developed are individual programmes to suit the particular needs of each and to accommodate organisation 008 the LRC provided a a During 2008 provided the LRC and development limited training service to meet the needs of service by individual users as identified made was service The organisations. organisations in various available and was throughout the country sized medium and small by of availed public and multinationals, firms, unionised organisations, sector private trade by and firms non-unionised and sets outThe table above unions. ac • • and Skills Information LRC Services Development 005. The Conciliation Conciliation The 005. 2 t 2006 Conciliation Service Conciliation Advisory Service Service Commissioner Rights Service Mediation Workplace Role and Functions Role Conciliation Service Conciliation Advisory Service Service Commissioner Rights Service Mediation Workplace Customer Service Charter Role and Functions Role as established in in established as Employment Rights Bodies – General Information Including ‘What to expect and How to Prepare before Attending’ ‘What before to expect and How to Prepare Including Information Bodies – General Rights Employment Total Programmes Delivered Programmes Conflict Prevention/Resolution and Employee Relations Challenges for Managers, Employees and Representatives and Employees for Managers, Challenges Relations and Employee Conflict Prevention/Resolution and Consultation) of Information (Provision – Employees Reps. (1) Employee for Information and General Skills Development Ac

Table 1 Table • • • • • • • • are Leaflets Information Individual LRC in English as follows: also available • • LRC Information Packs are available available are Packs Information LRC in both English and Irish with the Leaflets: Information following • LRC Information Literature Information LRC During 2008 the Advisory Service information disseminate to continued around the Services of the LRC. Services Division manages Service.this Workplace Mediation Service Mediation Workplace of the UnitStaff participate in the and management of the operation Service which Mediation Workplace w 26 Labour Relations Commission Annual Report 2008 chain. much that isalsoclear It in Irelandtheir corporate up value objective moving of MNCoperations some support forthe industrial policy type roles,skilled thus providing examplesthe attraction of high- of the character FDI. of We have seen There hasalsobeenachange in been attracted. neworganisationswhilst have also some MNCs have increased employment Irish operations. However, concurrently their MNCs closingordownsizing hasfocusedspotlight oncasesof changed. recent Muchof media However,times have apparently world’s most competitive economies. ascenttowards becoming one ofthe reasonsthe country’s behind rapid heraldedthe principal asoneof throughthe 1990s, MNCswere (MNCs). AsFDIgrew dramatically (FDI) bymultinational companies inwardof foreign investment direct Ireland hasbeenamajorbeneficiary 19th June2008 Symposium –Croke Park Labour Relations Commission required. Citizens Information Centres as to services training andsupport Commission continuedto provide the LabourRelationsDuring 2008 Citizen Information Centres (CIC) Symposium, Croke Park, June2008. 19th June Commission Symposium heldon inMNCs. HR of The LabourRelations have hadanauthoritative not study the Irisheconomy,to thus far we MNCs of the importance In spiteof regardingtrade union representation. the Ryanair-IMPACThas been case inthe more recent past. Most notable profile cases involving MNCs reported high news withsomeparticularly relations issuesare rarelythe of out Human resource (HR) and employment with outflows exceeding inflows. FDI, of exporter has become anet practitioners. This research provides interviews withsome260seniorHR on aglobalstage numbers of indigenous firms operating Ireland now boasts comparatively large of IrishownedMNCs.significance developmentthe surge in hasbeen though,Arguably dramaticthe most (e.g. retail) ratherthan manufacturing. recent FDI activity has been in services N Institute. The study was completed in the Economic andSocialResearch Business Schoolinassociation with the University Limerick/Kemmy of in MNCsIreland, by undertaken Human Resource Management fundedaresearch studyon part The LabourRelations Commission this knowledgedeficit. ovember 008 sought to address 2008 sought 2 007, based on face-to-face . Since2004, Ireland Symposium, Croke Park, June2008.

2 The LRC Symposium on19thJune multinational companies inIreland. date onhumanresource practice in comprehensivethe most to study this studyearly in the findingsarisingfromto publish Companies (MNCs). The LRC intends inMultinationalManagement Symposium HumanResource – Research andConference Papers – www.lrc.ieat under–OurPublications Symposium are available for download Presentationsthe LRC at asreported studies. their country emergedthat practice in andemployment HR of aspects certain their respectiveMNCs in countries and LRC Symposiumthe experience onof the research at teams alsoreported and UK. Leading fromthese experts Canada, Mexico, Singapore, Spain comparative research inAustralia, international involving project alarger of This workispart McDonnell andMichaelMorley). Gunnigle, Jonathan Lavelle, Anthony Coordination andControl’ Companies inIreland: Autonomy, ‘Managing inMultinational HR and Anthony McDonnell)and (Patrick Gunnigle, Jonathan Lavelle Companies inIreland: ALarge-Scale’ Resource Practices inMultinational fromthestudy– reports 008 formallytwo key launched 2009. ‘Human (Patrick 27 Labour Relations Commission Annual Report 2008

– Health Service Partnership Health Service Partnership Forum UCD/QUB/Cornell University UCD/QUB/Cornell Seeking funding from Fund Innovation Workplace Ireland/NCPP) (Enterprise Training Capacity and Skills and Capacity Training Negotiators for evelopment Project to determine determine to Project evelopment

nd quarter 2009 Oct 08 – see www.lrc.ie – Oct 08 – see www.lrc.ie

D LR costs of publication (Liffey Press) Press) (Liffey of publication costs in Practice” Partnership “Workplace Dobbins Tony by with NCI on: i “The LRC Schools Programme and its services” Digest Recommendations ( “Developing Best in “Developing Practice Employment Relations” Study” (Sept 08) “Feasibility ii Our Publications) of Practice” Codes “LRC with of all Codes Compendium publication – due for commentary 2 b C The C – 8 issues since Review” “LRC its commencement Irish the demand, practical operation operation practical the demand, a postgraduate and funding for and “Innovation in qualification (Liam Doherty/Tom Change”. Murphy) a

10 the ommission provided Programme ollaborative Business2000 – Times 15 Commissioner of Rights 2008-2010 C Strategy 11 16 12 17 13 14 nd quarter quarter nd 2 – (Papers – (Papers “Problems “Problems is due for is due for “Human Resource “Human Resource “Managing Workplace Workplace “Managing tion 2nd quarter 2009 is due to be published published be to due is S R Resolution Bodies: Bodies: Resolution • EAT • Labour Court Tribunal • Equality Service Commissioner • Rights R – Work at with Partnership and an Irish case study”; “Struggling the High to follow Unionised Employments Road: in an Open Economy” available on website www.lrc.ie on website www.lrc.ie available – Research – Our Publications Papers) and Conference LR O’Dowd/Dr Tim Hastings. Findings Findings Hastings. Tim O’Dowd/Dr Policy/ Strategic utilised for Business Planning publica 2009 Dispute Workplace of Dynamics “The Ireland” Contemporary in Resolution Paul (QUB/UCD/ESRI) (Professor – Bill Roche) Teague/Professor Publication Conflict in Ireland” Practices in Multinational Companies Companies Multinational in Practices with (in association in Ireland” School). Business UL/Kemmy the Research: from papers Additional of Irish Managers” “Autonomy Gunnigle. Paddy Professor – “Human Resource Publication Companies Multinational in Practices Analysis” Contemporary A Ireland: in – 5 7 onDispute Papers esearch 8 paperon: esearch 9 ymposium – 2007 – Dr John C Client Survey 6

“New Perspectives Perspectives “New 008. (Papers available available (Papers 008. 2 2007 (Distribution to ormation packs: packs: ormation 008. Professor Professor 2008. ublished Feb ark – Nov Nov – ark on website www.lrc.ie – Our on website www.lrc.ie and – Research Publications Papers) Conference New C The LRC and its ServicesThe LRC – on Services Information in 6 languages Ahead” – Ahead” “Employment Dispute Resolution “Employment Dispute Resolution Setting in Ireland” and Standard with NCPP) (collaboration P R New Inf Schools/Universities/Clients) S Paul Teague/Dr Damien Thomas Damien Teague/Dr Paul Croke Croke Change” Workplace on P 008. in 2008. that concluded ogramme 3 Way D –“Negotiating the – ymposium esearch/Publication: A significant level of research/ of A significant level publications and activity information under the above has been achieved pr LRC Research Strategy 2006-2008 Strategy Research LRC and Publications Delivery of the Strategy has led has of Delivery to the Strategy the projects: of completion the following 1 All of the research focused on issues focused All of the research activities of “applied” to the relating This has enhanced the Commission. Commission the of output of quality the including creating and its services, at a useful interface the various access to symposia and facilitating produced through the the material website or through Commission’s publications. 4 2 2 Labour Relations Commission Annual Report 2008 8 relevant industrialrelations/employment rights legislation.’’ referred byindividualsorsmallgroups ofworkersthe under “To investigate andrecommend ondisputesandgrievances Mission Statement The Rights Commissioner Division Services during The Rights Commissioners serving Rights Commissioner Service. continuedto beafeature the of In ai rdl John Walsh Mark McGrath John Tierney David Iredale MichaelRooney Michael Hayes Eugene Hanly SeánReilly Rosaleen Glackin EmerO’Shea Gaye JimO’Connell Cunningham Peter O’Brien Joan Carmichael Tony Bregazzi 2 008 2 the growth indemand the growth 008 wer e: Number and Trend Indicator Referrals of Since 2004 Geogr In Referralstothe Rights Commissioner Service Ser recentof years. belowshowsthegeographic Referrals originsof The chart the to             Referrals Year 2 vice in 008, referrals increasedthe Service by20 to -UNSTER  aphic Distribution of Referralsaphic Distributionof Received in2008 #ONNACHT 2 ,EINSTER 008.     2EFERRALS   5LSTER ,4 ,9 ,7 ,7 10,900 9,077 7,179 5,598 4,749 0420 0620 2008 2007 2006 2005 2004     $UBLIN     %, continuingthe upward trend       29 Labour Relations Commission Annual Report 2008 7 3 7 2 8 0 12 16 32 59 70 49 172 192 255 202 1516 1,722 1,470 1,566 3,540 1 1 3 2 6 9 32 3 2 62 295 038 204 2 1,18 2,961 1 1 7 2 6 0 33 23 28 151 711 1, 119 408 107 114 ,275 889 1, 2 1 1 3 2 2 6 0 Number of Referrals 72 23 2 20 15 17 96 443 301 2362 1,17 2 7 84 6 4 4 8 0 0 0 0 0 38 1,875 85 75 1 2 63 66 116 1 119 611 665 1087 1541 245 1,171 1, 808 8 1,5 2004 2005 2006 2007 2008 4,749 5,598 7,179 9,077 10,900 elations (Miscellaneous Provisions) Act 2004 Provisions) (Miscellaneous elations t, 2007 t, yees (Provision of Information and Consultation) Act 2006 and Consultation) of Information (Provision yees air Dismissals Acts005 1977-2 opean Communities (Protection of Employment) Regulations, 2000 Regulations, of Employment) (Protection opean Communities ternity Protection Actsternity Protection 1994-2004 ety, Health and Welfare at Work Act 2005 Work at Welfare Health and ety, tional Minimum Wage Act 2000 Wage tional Minimum otection of Employees (Fixed Term Work) Act 2003 Work) Term (Fixed otection of Employees otection of Employees (Part Time Work) Act 2001 Work) Time (Part otection of Employees arer’s Leave Act 2001 Leave arer’s f Undertakings) Regulations 2003 Regulations f Undertakings) egulations 2006 egulations erms of Employment (Information) Acts 1994-2001 (Information) erms of Employment Na Unf Total Referrals Total European Communities (Protection of Employees on Transfer Transfer on of Employees (Protection Communities European o Pr Emplo Ma Act (Employment) 1996 Persons Young of Protection Adoptive Leave Act 1995 Leave Adoptive Health Ac Act 1991 Wages of Payment Legislation Industrial R European Communities (European PLC) (Employees Involvement) Involvement) (Employees PLC) (European Communities European R T Organisation of Working Time Act 1997 Time Working of Organisation Act 1998 Leave Parental Industrial Relations Acts 1969-1990 Industrial Relations Pr Protections for Persons Reporting Child Abuse Act Reporting 1998 Persons for Protections C Eur Saf Referrals Statistics by Act by Statistics 2004-2008 Referrals 30 Labour Relations Commission Annual Report 2008 6. 5. 4. to the Rights Commissionersto Service. used Act forthe submission of referrals frequentlythe most continuesto be The Payment of Wages 1991 Act Payment of Wages 1991 Act 3 2. 1. is asfollows: frequentlyThe most usedlegislation Legislation by r belowillustratesthe percentageThe chart breakdown referrals of received .

elevant legislation in2008. 4ERMSOF%MPLOYMENT a The Safety, Healthand Welfare 2004 1969- The IndustrialRelations Acts 1977-2005 The Unfair DismissalsActs Information 1994-2001 Acts The Terms Employment of Time 1997 Act The Organisation of Working The P 5NFAIR$ISMISSALS!CTS t t Work 2005 Act 3AFETY (EALTHAND7ELFARE )NFORMATION!CTS ayment of Wages 1991 Act     AT7ORK!CT   /RGANISATIONOF7ORKING 4IME!CT  !CTS

/THER   In Working Time Act 1997. While a complaint comprehendedthe Organisation by of Sunday working. These matters are also the non-payment for asupplement of holidayof andpublicholiday pay, and complaints concerning non-payment thereAdditionally were many complaints. Agreement attractedthe most the Construction Industry Registered industries.particular this regard In employmentof for employees in minimum rates of pay and conditions Agreements whichprovide for andRegisteredCourt Employment Regulation Orders issued bythe Labour LabourCommitteeJoint Employment and legallypayable inaccordance with wagesof comparedto rates properly individuals, and related to underpayment Many complaints were referred by which represents anincrease 17%. of received comparedto 2,961in007, 008 there2008 were 3   )NDUSTRIAL2ELATIONS!CTS !CT 0AYMENTOF7AGES  ,540 referrals  mar referralsThe numberof declined matters. complaints relatethat these to consequently areto rebut unable the correct and prescribed records and taken, etc. Many employers fail to keep employee attendance work, at holidays are requiredto keep proper records of hours byway regulations. of Employers breaks, maximum permitted working holidays, Sunday supplement, rest to embodiesentitlement This Act 1997 Act Organisation of Working Time rise to further conflicts. to further rise givethat employment of aspects eliminatingof confusion onmany would have and it theaddedbenefit complaintsof the legislation under would eliminate number asignificant The provision suchastatement of a statement. insuch isnecessary clearly what Sec Employment is a cause of concern. their statement of Terms of to issue employees with a written continueto ignorethe requirement employersThe numberof who (Information) 1994-2001 Acts Terms Employment of in referrals underbothActs. pay etc,to consider isnecessary it regarding non-compliance of holiday the Acts, other of anindication to get withunderoneor can onlybedealt 2008. of the Act specifiesquite the Act tion 3of ginally fromto 1,516 1,541in2 007

31 Labour Relations Commission Annual Report 2008 7. 007 007 2 2 of the Act. Act. the of 3 of Section Section of 2 7 subsection subsection 7 2 armleigh in 2006. nder this legislation, from 408 in in 408 from legislation, this nder etailed in subsection subsection in etailed f Section Section f What constitutes penalisation is penalisation What constitutes d Activities in 2008 Labour Court and Rights Service – Commissioner Views of Exchange Rights the by arranged was meeting A a Service Commissioner to provide on a of views exchanges for forum to interest mutual of topics of number greater and to facilitate participants, in of consistency the approaches the two organisations. The meeting took place in the Royal Hospital Kilmainham on 14th April, by attended the Chief and was all Rights of the LRC, Executive together with the Commissioners, Labour the of Members and Chairman previously was meeting similar A Court. held in F Safety, Health, and Welfare Welfare and Health, Safety, Act 2005 Work at in the number a decrease was There to the Service referred of complaints u Rights the to referred complaints Many found been have Service Commissioner to be not Commissioners by Rights and a number of these well founded, under Appeal to decisions are the Labour Court. to 255 in 2008. however, is, Commissioner The Rights complaints confined to addressing occur as a of penalisation that may acting of an employee consequence with the provisions in accordance o , that the alia, inter 007 the Rights Commissioner Commissioner Rights the 007 2 t end end t 008 and ruled, 008 and ruled, The decline in the number of referrals The decline in the number of referrals to the Service under is this legislation atto leastthe in part, no doubt due, more now fact are that employers of with the Actthe provisions familiar the manner corrected largely and have fixed issued they which by method and on a followed This term contracts. number of significant Determinations of the Labour Court on appeal from decisions and in Commissioner Rights significant decisions of more turn even arising Law of points on Court High the from these Determinations. A Labour Court and Rights Labour Court and Rights had jurisdiction Commissioners to apply the Principle of Direct Effect. This means that the period between of a Directive effect into the coming Irish law, into and its transposition is againstthe complaint where the of or an emanation the State, State judgement full The considered. be may a for consulted be should Court the of questions the of analysis detailed more and the answers given. asked Service awaited the decision of The The Servicethe decision of awaited issues the on Justice of Court European to it by the Labour Courtreferred jurisdiction its own and regarding in the Commissioners that of Rights of applying matter the Principle of Directive the whether and Effect Direct includes financial Work Term on Fixed elements. Court issued its The European addressed questions the on judgement April 15th on Court Labour the by it to 2

007 007 2 in in 2 the Service decreased from 204 from the Service decreased 2007 to 192 in 2008. 008, 38 in 2007 to 1,566 in 2008, om 1,0 in The number of complaints referred referred The number of complaints to Protection of Employees Protection of Employees Act 2003 Work) Term (Fixed The number of complaints under this The number of complaints 1,18 from increased legislation Industrial Relations Acts Industrial Relations 1969-2004 an which represents to 1,470 in 2008, number of A large of 20%. increase dismissals to related complaints these did notthe complainant where have the necessary service to qualify to under a complaint the Unfair refer Dismissals Act. which represents an increase of 34%. an increase which represents Again there was a significant increase increase significant a was there Again in the number of cases dealt with by under the Commissioners Rights rising Dismissals legislation, Unfair fr A large number of complaints under number of complaints A large application the on turn legislation this The procedures. or otherwise of fair that all dismissals provides legislation on certain unless justified unfair are in the Act. It for is as provided grounds up to to justifythe employer therefore in which occurs except dismissal any where dismissal, a case of constructive subsequently and resigns employee the claims that but had no option they to do so and that it amounted to a dismissal. Unfair Dismissals Acts 1977-2005 Unfair complaints under under this 22 complaints 1,7 were There Actto 1,295 in 2007, in 2008 compared of 25%. an increase which represents 32 Labour Relations Commission Annual Report 2008 • • as follows: Commissionerstheir functions, in arranged bythe Serviceto assist Rights training A numberof initiatives were Training Rights of Commissioners in DonegalOctober. Advocacy forthe North-East Services was givento the Citizens Information A presentation andQ&Asession Citizens Information Centres: Information Briefings 2 of the secondwill beinusequarter these that isintendedfor and it allActs Revised claimforms have beendrafted Claim Forms www.lrc.ie the LRC website– been publishedon Ser Decisions was provided to users of the Rights of CommissionersA Digest Decisions of Digest on 10thJune. Labour Court to Rights Commissioners wasthe giventhe Chairmanof by engagement a follow-up presentation that the successof Building on

009. and the drawingand inferences. of procedure, evaluation of evidence trainingincludes onrulesof in June Administration Quasi-Judicial Course Publiccompletedthe Instituteof Three further Rights Commissioners Law C Thomson Roundhall Employment Commissionerthe attended Commissioner andone Service the Rights The Headof vice inSeptember2008, andhas onference inMay 2008. 2008. Course content in the hearing. in atthe request of either party involved Rights Commissioner solely andnot interpretersthe the request of onlyat to provideCommissioner Service the Rights the policyof is It with hearingdifficulties. was alsoprovided for aclaimant electronic communication service interpreters and, inonecase, an Russian (Ukraine) andArabic providedThe Service Irish, Polish, whichaninterpreterat was provided. During Interpreter Services is outlinedbelow: number o adjourned/ontotal the holdand scheduled, withdrawn/settled, A breakdownthe hearings of Hearings Scheduling of • •

Scheduled Hearings 7,954 Section). Development’ –Corporate Services (mentioned alsounder ‘Training and intheir dealings with Commissioners via NERA, staff whichshouldassist been providedto Secretariat staff, Employment Law Training has recruited Rights Commissioners. valuable in-housetraining to newly Commissioners andhasprovided retained as an adviser to the Rights Mr Tony Bregazzi hasbeen 2 008there were eight hearings f casesheard in2008 Settled Withdrawn/ 1, 143

On Hold Adjourned/ 2,81 p Commissioner reviewed Service its requests for adjournments,the Rights However,the highvolumeto of due respectively. (and/ortheir representatives), or their representatives) and employees remains 60/40 at for employers (and/ granted, the of requestsproportion and requests adjournment Most were 2008. the endof at 2,81 caseswere adjournedoronhold Adjournments mayActs beheard onehearing. at one claimant, andclaimsunderseveral Hearings may often feature morethan to the Rights Commissionerto Service. must, inallcases, alsobefurnished A valid reason for the adjournment be considered each side. of inrespect F applications. new policies to deal with adjournment this review, introducedthe Service rom olicies theat end of 2 009 only one adjournment will Total Heard 30 4,5 2 008. Following 33 Labour Relations Commission Annual Report 2008 008 – June, July, July, June, – 008 2 our occasions in in occasions our November and December. Over Over and December. November the meetings those of course the reports considered Committee Management Risk Business covering; Process, Reporting Financial Process, Process, Payroll Process, Treasury and Subsistence Process Travel Process. and Revenue Audit Committee of The role the Audit Committee, as part of the ongoing systematic environment of the control review within procedures and governance is to report to and the Commission, and Officer advise the Accounting matters. control internal on Board the Audit function is The Internal outsourced to an independent Audit and her proposed practitioner and approved considered plans are and in as required by the Committee programme structured a of context the relevant every ensures that activity of aspect activity is of Commission timescale. predefined a over examined of Audit plans In its consideration mindful is always the Committee such as updated of developments Governance Corporate on Guidelines increasing related the and practice best and detail of compliance range Organisation the both on obligations Personnel Management individual and and regulation as new legislation, enacted. are of practice codes met on The Audit Committee f the strategy the strategy 008, respectively. 2008, 007. A review of that A review d in 2007. 008. The Strategy Statement Statement Strategy The 008. 2 d in 2009. vey in partthe latter vey of 2007 the arch arch f in 2008. the Board 008. The Board reviewed the interim reviewed The Board 008. The Board applies procedures in applies procedures The Board Practice of Code the with accordance Bodies. of State the Governance for Commission and Board the addition, In with the acted in accordance have ‘Code own Organisation’s the of terms and the Governance for of Practice by as approved Conduct of the LRC’ the Boar Business Plan 2008 Plan Business the approved Board The January in services Commission the for 2 in June and final outcomes progress and December the for of Practice Code and Conduct Governance of the LRC Strategy Statement was finalised. finalised. was Statement Strategy Best in ‘Developing Practice Titled Strategic – Relationships Employment 2008-2010’ Objectives: launched by the Minister for was in Employment and Trade Enterprise, M Commission’s the on accessed be can website at www.lrc.ie. Administration Meetings Board meetings 10 statutory were There o Statement 2008-2010 Strategy of analysis considerable Following and the Client environment the I.R. Sur Code will be considered by by the new will be considered Code Boar 2008

Executive Officer Executive O’Brien David Higher Executive Officer Higher Executive Lynch Patricia Accounts Officer Accounts McMahon Paul Assistant Principal Officer (shared) Assistant Principal Officer Smith Brendan Director of Corporate Services ofDirector Corporate (shared) and Secretary to the Board Nolan Eddie

Division in in Division The Corporate Services Corporate The 3 Chapter 34 Labour Relations Commission Annual Report 2008 course adesktopexercise of that LRC planwas ‘stress-tested’the in processthe that system. of Aspart Departmental/Agency/Office wide anupdated of planned rollout template for as its Department was developed wasthe usedby is very comprehensive andasit December and wasthe Board in notedby updated plan was prepared in Boar Commission was approvedthe by The first plan prepared within the Business Continuity Plan Disaster Recovery and as required. underthe Ethics in Public Office Acts, completedthe appropriate returns and relevant Officers of the Commission All Board members, Rights Commissioners Ethics inPublic Office in operationthe Commission. in an effective system of internal controls Committeethere concludedthat is the relevantOn foot of the reports in July. had beenapprovedthe meeting at while arevised BusinessRiskRegister B Committee approved anupdated System forthe Commission. The Integrated Financial Management submissions forthe provision an of S the eTenders on published anRFT the External Auditors,the Commission the Internal Auditor, echoedlater by Arising from a recommendation from ystem in the latter half of usiness Continuity Plan in late d inJuly2007. Arevised and 2008. This later version 2 008 seeking 2 008 2 008,

• • sta representationof the financial and in June Committeethe Audit the Board and December 2007were approved by the LR Co. of (Cork)the audit to undertake contracted Moylan, Mulcahy and Comptroller andAuditor General Commission’s 2007Accountsthe the of As wasthe caseinrespect Accounts 2008 Commission’s Annual • fromthe FMCS (USA), ACAS (UK), Executives/Chairs/Director Services of the Chief attendance included 22 meeting inCape Town, SouthAfrica the Internationalattended Agencies The ChairmanandChiefExecutive International Agencies Meeting 2008 arethis report. includedin • Key features include: the Commission. and Department Officials concerned, fromthe both all levels, senior the most including together personnelfrombrought assessed responses. The exercise simulated ‘disaster’ scenariosand

Critical supplierslist meetinglocationsof facilitate quickreassignment Alternative infrastructureto procedures and information dissemination Evacuation and damage assessment Management andRecoveryManagement teams Crisis, of List BusinessandIT 5th October 2008.nd-25th October The tements forthe year ended31st C accounts for 2008. The letter 2008. The finalaccounts for

involved. organisations coveredthe costs and NewDelhi, India(EU). The host (ILO), Helsinki(Government Finland) of internationalof conferences inGeneva The ChiefExecutive spoke anumber at Conferences Murphy, who died after a short illness. John of the service acknowledge The Commissionto wishesalso the future. one wellin career progression andwisheseach also, whichisexemplified their in their fine acknowledges contribution competitions,the Commission following successinpromotion for career development purposesor fr those colleagues who have moved on the Commission. of service Regarding the their workin to commitment professionalism allstaff of their in the dedication and acknowledge The Commissionto wishes Staffthe Commission of Staffing the CCMA inCape Town. Resolution Conference organised by anInternational at visit Dispute Chief Executive spokethe alsoduring (New Zealand). The Chairmanand Africa), (Australia) AIRC the ERA and LRA (NI), FMCS (Canada), CCMA (South om the Commissionom in2008, either 35 Labour Relations Commission Annual Report 2008 16”. The new Commissioners became became Commissioners new The 16”. 0 fully operational in 2008 as the Service fully operational in which it a year received encountered in its the highest number of referrals history. Rights Commissioner Commissioner Rights Appointments the most significant 2007, In late in the number of Right increase when place took ever Commissioners received Commissioners Rights new 7 from Appointment of Warrants their These appointments the Minister. by the given commitments fulfilled to Government Social Partners the “Towards of provisions the from arising 2

008. The course content includes includes content course The 008. 008. Three Rights Commissioners Commissioners Rights Three 008. 2 2 008 modules of Employment 2008 modules of Employment n May May n n June June n Law Training that was provided by provided that was Training Law Itthat is anticipated this NERA. that will be an ongoing facility the support. to continue will Commission The Head of the Rights Commissioner Commissioner Rights the of Head The Service with one Rights together Thomson the attended Commissioner Conference Law Employment Roundhall i The Commission is committed is committed to The Commission employed is practice best that ensuring PMDS the of aspects all of delivery the in so as of to enhance the development for a pathway and to ensure its staff communication two-way constructive and Interim Profiles Role is in place. in a completed timely were Reviews members of the all staff for fashion of upward The provision Commission. as a feature is encouraged feedback of the process. Performance Management Performance (PMDS) System Development completed the Institute of Public ofcompleted the Institute Public Judicial Course Quasi Administration i training on rules of procedure, evaluation evaluation procedure, of rules on training inferences. of drawing the and evidence of has actively The Commission and supported those encouraged members who participated in staff the

K counterpart ACAS. During 2008 K counterpart ACAS. The relevant senior Officers in the senior Officers The relevant completed the have Commission Leadership the of modules remaining that was Programme Training by the Department.sponsored One Officer, assigned to the Advisory Advisory the to assigned Officer, One is undertaking in the MA Service, Human and Industrial Relations Management at Keele Resources University. The Conciliation Services Division The Conciliation pursues a policy of securing training with its Conciliators opportunities for U the for arranged the Commission in participation of one conciliator In addition the such a programme. in conjunction Service arranged, with the Advisory Services Division, on in-house seminar a facilitated for by attended which was Mediation Workplace the delivering all officers Service on behalf of Mediation the Commission the of Officers Commission. also attended the annual conference of Institute of Ireland. the Mediation Training and Staff Development Staff and Training together The induction facility training ICT skills that training with the core by the Department is provided was Commission of number a by of availed commenced members staff Other staff. in courses the ECDLtraining basic level Department. the by provided also are that skill levels with the appropriate Staff with access to the been facilitated have ECDL as courses the advanced training is made available. 36 Labour Relations Commission Annual Report 2008 Commission – Organisational Structure Appendix 1LabourRelations David O’Brien Paul McMahon Patricia Lynch Brendan Smith Sarah McDonald Tom Pomphrett Kevin Foley Eddie Nolan (P Noel Kenny Alyson Gavin Leo Costello Assumpta McGill Seamus Doherty – Freda Nolan) – Freda Nolan) (P Vacancy in2008 Division Services Advisory Eddie Nolan Corporate Division Services Kieran Mulvey Chief Executive’s Office Kieran Mulvey Senior Management Team Vacancy in2008 ost filledinearly2009 ost filledin2009 ost

Executive Officer (Premises andServices) Executive Officer (Accounts andAdministration) Higher Executive Officer Corporate Services PrincipalOfficerAssistant (Shared) PAto ChiefExecutive 0161 the ConciliationDeputy Director of Division Services the ConciliationDirector of Division Services Commissioner Division Service the Commission,the Board of to the Rights alsoHeadof the CorporateDirector of Division, Services andSecretary Administration (Shared) OfficerAdvisory OfficerAdvisory OfficerSenior Advisory Senior Advisory OfficerSenior Advisory Division Services the Advisory Director of Division Services the Advisory Director of Director of the CorporateDirector of Division Services Chief Executive Chief Executive Contact Details Contact Details Contact Details Contact Details Contact 01 61 01 61 01 61 01 6176 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 3 6736 /David_O’[email protected] 3 6785 /[email protected] 3 6791 /[email protected] 3 6706 /[email protected] 3 6705 /[email protected] 3 6705 /[email protected] 3 6716 / [email protected] 3 6723 /[email protected] 3 6706 /[email protected] 3 6713 3 6705 /[email protected] 3 6714 /[email protected] 3 6756 /[email protected] 3 6741 /[email protected] 3 6764 /[email protected] 3 6740 /[email protected] 732 /[email protected] 37 Labour Relations Commission Annual Report 2008 35 / [email protected] 3 67 38 / [email protected] 3 67 / [email protected] 3 6788 / [email protected] 3 6708 / [email protected] 3 6779 27 / [email protected] 3 67 30 / [email protected] 3 67 34 / [email protected] 3 67 29 / [email protected] 3 67 / [email protected] 3 6719 23 / [email protected] 3 67 [email protected] / 3 6716 / [email protected] 3 6710 / [email protected] 3 6714 / [email protected] 3 6711 28 / [email protected] 3 67 / [email protected] 3 6778 / [email protected] 3 6715 / 3 6709 / [email protected] 3 6789 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 [email protected] Contact Details Industrial Relations Officer Industrial Relations Director of the Conciliation Services Division of Director the Conciliation Industrial Relations Officer Industrial Relations Clerical Officer Manager Regional Officer Staff Industrial Relations Officer Industrial Relations Officer Industrial Relations Clerical Officer Manager Regional Officer Industrial Relations Deputy Director of the Conciliation Services Division of Deputy Director the Conciliation 01 61 Clerical Officer Officer Industrial Relations Clerical Officer Manager Regional Manager Regional Marguerite Whyte Marguerite Clerical Officer Vacancy Conciliation Services Division Conciliation Kevin Foley Kevin John Fallon Maedhbh Cronin Buchanan Karen Sector Public National Tighe Declan Brian McGinn John Kelly Michael Keegan Kavanagh Lena South East Region Mooney Louis Sheamus Sweeney Manager Regional John Agnew Damien Cannon Tom Pomphrett Tom SweeneyMargaret Gallagher Fiona Clerical Officer Region West/Midland North Daly Mairead Dermot Murphy Region West/Midwest CunninghamBrendan Officer Industrial Relations Region South/Southwest 38 Labour Relations Commission Annual Report 2008 endteWlim ClericalOfficer Bernadette Williams Ian Tracey Amanda Shiels Debbie Royle RocheMartina Kieren Mee Gavan Lockhart Noel Kenny Helen Keane John Kane Eileen Gallagher Stephen Dwyer CoyleMary Geraldine Carey Brigette Booth Thomas Joyce Marian Smith HigherExecutive Officer Jane Reidy Geraldine Drumm Brendan Smith Eddie Nolan Rights Commissioners Administration Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Clerical Officer Staff Officer Staff Officer Executive Officer PrincipalOfficerAssistant (Shared) oprt evcsDvso n ertr oteBad0161 Corporatethe Board to DivisionandSecretary Services RightsHead of Commissioner Service, Director of Contact Details Contact 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 01 61 [email protected] 3 6718 /[email protected] 3 6786 /[email protected] 3 6747 /[email protected] 3 6755 /[email protected] 3 6787 /[email protected] 3 6748 /[email protected] 3 6714 /[email protected] 3 6774 /[email protected] 3 6739 /[email protected] 3 6758 /[email protected] 3 6724 /[email protected] 3 6726 /[email protected] 3 6712 /[email protected] 3 6750 /[email protected] 3 6749 / [email protected] 3 6793 /[email protected] 3 6725 /[email protected] 3 6729 /[email protected] 3 6737 /[email protected] 3 6706 /[email protected] 3 6757 / 39 Labour Relations Commission Annual Report 2008 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Contact Details Rights Commissioner Rights Rights Commissioner Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights Rights Commissioner Rights John Walsh John John Tierney John Michael Rooney Seán Reilly Emer O’Shea Jim O’Connell Peter O’Brien Peter Mark McGrath David Iredale David Michael Hayes Eugene Hanly Gaye CunninghamGaye Glackin Rosaleen Commissioner Rights Joan Carmichael Rights Commissioners Rights Tony Bregazzi Tony 41 Labour Relations Commission Annual Report 2008 51 47 43 45 42 48 50 49

Notes Statements to the Financial Index of Contents Index of the Commission of Responsibilities Statement Control Financial of Internal on Statement the System General and Auditor Report of Comptroller the Policies of Accounting Statement Account and Expenditure Income and Losses Gains Recognised Total of Statement Balance Sheet

For the Year Ended 31st 2008 December Year the For Financial Statements 2 Financial Appendix 42 Labour Relations Commission Annual Report 2008 Sec the toensure that theFinancialStatementsof the financialposition Commission andwhichenableit time comply with The Commission isresponsible for keeping proper books account of whichdisclosewithreasonable accuracy any at 29th July009 Chairperson and fortaking reasonable stepsforthe prevention fraud of anddetection and otherirregularities. • • • • In preparingthose statements,the Commission is requiredto: as may beapprovedthe Ministerfor by Enterprise, Trade and Employment after consultation withthe Minister for Finance. the IndustrialRelations 31(1)of 1990requiresSection the Commission Act to prepare Financial Statements insuchform the Commission of Statement Responsibilities of

and explainedthefinancialstatements. in state whetherapplicableaccounting standards have beenfollowed,to any material disclosed departures subject Commission willcontinue inoperation, preparethe Financial Statements isinappropriatethe the goingconcernto presume on basisunlessit that make judgements arethat andestimates reasonable andprudent, suitableaccountingthem consistently,select policiesandapply 1(1) of the Act. tion 31(1)of The Commission isalso responsible for safeguardingthe assets ofthe Labour Relations Commission

29th July009 Commission Member

43 Labour Relations Commission Annual Report 2008

and categories which it regards as acceptable; which itand categories regards by the Commission; and agreed budget budgeting system with a monthly which is reviewed A comprehensive reports financial performance of financial periodic and annual which indicate by the Commission reviews Regular against forecasts; Identifying the nature, extent and financial implication of risks facing the Commission includingextent facingthe the of risks and financial implication extent Identifying the nature, Clearly defining management responsibilities and powers; Clearly defining management monitoring the assets of the activitiesthe Commission; for and safeguarding procedures formal Establishing of the Commission all levels across of accountability a culture Developing Clearly defined purchasing and approval guidelines; and approval Clearly defined purchasing project management disciplines. Formal Setting targets to measure financial and other performance; Setting targets to measure Assessing the likelihood of identified risks occurring – a risk register is in place; – a risk occurring risks of identified Assessing the likelihood ability to manage and mitigate the risks that do occur; Assessing the Commission’s to the benefit obtained. relative particular controls Assessing of operating the costs

• • • Key Control Procedures Control Key is in place by: environment control an appropriate steps has to ensure taken The Commission • • • by: business risks and evaluate to identify has established procedures The Commission • The system can only provide reasonable and not absolute assurance that assets are safeguarded, transactions safeguarded, and notthat assets are absolute assurance reasonable provide The system can only detected be would or prevented either are irregularities or errors material that and recorded, properly and authorised in a timely period. Responsibility for the System of Internal Financial Control of Financial Internal the System for Responsibility ensuring that an effective for Commission of I acknowledge the Labour Relations the responsibility As Chairman, operated. and is maintained control financial system of internal

of Internal Financial Control Financial ofInternal Statement on the System on Statement the System The Commission’s monitoring and review of the effectiveness of the system of internal financial control is informed is informed control of financial the system of internal of the effectiveness monitoring and review The Commission’s who have within managers the Commission the executive the Audit Committee, by the work of Auditor, the Internal made bycomments the and framework, of control and maintenance the financial the development for responsibility in his management letter or other reports. General and Auditor Comptroller • of auditor as internal to conductthe a review basis, on a contract a consultant, employed The Commission of controls. the system of internal effectiveness • • • administrative regular management information, of is based on a framework control financial The system of internal it includes: In particular, and accountability. and a system of delegation of duties, including segregation procedures • 44 Labour Relations Commission Annual Report 2008 2 Chairperson Signed onbehalfof The LabourRelations Commission internalthe systemof financial of controls. the Commission I confirmthat theDecember2008 conducted areviewfor year ended31st the effectiveness of Annual Review Controls of the SystemStatement on ofInternal Financial Control continued 9th July2009 45 Labour Relations Commission Annual Report 2008

Basis of Audit Opinion audit my I conducted of the financial statements General, Auditor and function of my as Comptroller In the exercise and Board (UK issued by Practices on Auditing the Auditing and Ireland) Standards with International in accordance to their management and operation. bodies in relation which attach to State to the special considerations by reference of the and regularity to and disclosures the amounts relevant of evidence on a test basis, An audit includes examination, It also includes as assessment of and the significant estimates financial included in transactions the financial statements. appropriate policies are and of whether the accounting of the financial statements, made in judgements the preparation disclosed. applied and adequately consistently circumstances, to the Commission’s I read other information contained in the Annual Report, and consider whether it with consider and is consistent the audited financial in the Annual Report, contained other information I read or material misstatements apparent of any report aware my if I become for I consider the implications statements. with inconsistencies the financial statements. I review whether the Statement on Internal Financial Control reflects the Commission’s compliance with the Code of compliance with the Commission’s reflects the Control Financial whether on Internal the Statement I review or if the statement it not does instance where Bodies and report material do so, of State any the Governance for Practice I am audit my of from the financial statements. of which I am aware with other information is misleading or inconsistent or to controls, and all financial risks covers Control Financial whether on Internal the Statement to consider not required procedures. of the risk and control on an opinion the effectiveness form I also report if I have not obtained all the information and explanations necessary for audit.the purposes of necessary my for and explanations notI also report obtained all the information if I have I report any material instance where moneys have not been applied for the purposes intended or where the or where not transactions the purposes intended for been applied have moneys where instance I report material any to them. do notthe authorities governing conform I report my opinion as to whether the financial statements give a true and fair view, in accordance with Generally with Generally in accordance fair view, aI report opinion as true and give my to whether the financial statements been kept. have of account books I also report opinion proper whether in my in Ireland. Practice Accepted Accounting with of account. the books in agreement are whether I state the financial statements In addition, My responsibility is to audit the financial statements in accordance with relevant legal and regulatory requirements requirements regulatory and legal relevant with is to audit in accordance responsibility My statements the financial (UK on Auditing and Ireland). Standards and International The Commission is responsible for preparing the financial statements in accordance with the Industrial Relations Act 1990, Act 1990, Relations Industrial the with accordance in statements financial the preparing for responsible is Commission The with in accordance the financial statements prepares The Commission of ensuring transactions. the regularity and for of the Members of responsibilities the Commission The accounting in Ireland. Practice Accepted Accounting Generally set of outare the Commission. in of Responsibilities the Statement Respective Responsibilities of the Commission and the Comptroller and Auditor General and Auditor and the Comptroller of Responsibilities the Commission Respective The financial statements, which have been prepared under the accounting policies set out therein, comprise Statement the set policies under out the accounting therein, been prepared which have The financial statements, the Losses, Gains and Recognised Total of the Statement Account, Expenditure and the Income Policies, of Accounting notes. Balance Sheet and the related I have audited the financial statements of the Labour Relations Commission for the year ended 31stfor December 2008 the Commission Relations of audited the Labour the financial statements I have Act 1990. under Relations the Industrial For Presentation to the Houses ofto the Oireachtas Presentation For and Auditor General Auditor and Report of the Comptroller Report of Comptroller the 46 Labour Relations Commission Annual Report 2008 Pr In my opinion,the financialstatements give trueand a fair view, inaccordance withGenerally AcceptedAccounting Opinion the presentation adequacy of information of the financialstatements. in misstatement, whethercausedbyfraud orotherirregularity orerror. Informing my opinionIalsoevaluatedthe overall to provide mewithsufficient togive evidence thefinancialstatementsreasonable assurance that are free from material the informationto obtainall soas I plannedandperformed myandexplanations audit Iconsideredthat inorder necessary the Comptroller of Report andAuditor General continued 3 Forthe Comptroller andonbehalfof andAuditor General Gerard Smyth the books account. with of In my opinion, proper books account of havethe Commission. beenkept by The financialstatements are inagreement forthe yearthen ended. 1st August 2009 August 1st actice inIreland,actice the Commission’sthe state of of affairs itsincome December2008andof andexpenditure 31st at

47 Labour Relations Commission Annual Report 2008 1,000. Fixed assets are stated stated assets are Fixed €1,000.

10% Per Annum 10% Per 0% Per Annum 20% Per

t

Cash receipts from the Department of Enterprise, Trade and Employment; Trade from the Department receipts of Enterprise, Cash on behalf of and Employment the Commission. Trade made by the Department of Enterprise, Payments and Fittings Fixtures urniture, Stocks Pensions Capital Account Capital Fixed Assets and Depreciation Fixed Oireachtas Grants Oireachtas Basis of Accounting Stocks of publications and stationery have no net realisable value and are not regarded as assets. not regarded and are value no net realisable have and stationery of publications Stocks Pension liabilities represent the present value of future pension payments earned to date. Deferred pension pension Deferred earned to date. pension payments of future value the present liabilities represent Pension the Department periods from in future of Enterprise, asset to be recovered the corresponding funding represents and Employment. Trade Equipmen Gains and Recognised Total in of reflected the Statement Actuarial liabilities are gains or losses arising on scheme from the Department of Enterprise, in the amount recoverable adjustment recognised is and a corresponding Losses and Employment. Trade The Commission operates a non-contributory defined benefit pension scheme for one Officer which is funded Officer which is funded for one a non-contributory defined benefit pension scheme operates The Commission and Employment. Trade by the Department monies provided of Enterprise, basis from annually on a pay-as-you-go reflect costs Pension on an actuarial basis using measured unitthe projected Scheme liabilities are method. Pension as income to recognised to is corresponding the pension charge An amount pension benefits earned in the period. in pension payments. to discharge the year received by grants and offset the extent that it is recoverable, The capital account represents the unamortised amount of income used to purchase fixed assets and the value value assets andthe unamortised used fixed the amount of income to purchase represents The capital account to the Commission. of assets transferred The Labour Relations Commission adopts a minimum capitalisation threshold of adopts a minimum capitalisation threshold Commission The Labour Relations • Income is accounted for on the basis of: for is accounted Income • at their cost less accumulated depreciation. Depreciation is charged at rates calculated to write off the cost of each calculated to write off at rates is charged Depreciation at depreciation. their cost less accumulated line basis as follows: a straight on useful life its expected asset over F These financial statements have been prepared under the accruals method of accounting, except as stated below, below, as stated except under the accruals method of accounting, been prepared have These financial statements Financial principles under the historical cost convention. accounting accepted with generally and in accordance operative. as become they adopted, bodies are accountancy by the recognised recommended Standards Reporting is Euro. denominated are Statements in which The unitthe Financial of currency

6 5 4 3 2

1 Statement of Accounting Policies of Accounting Statement 48 Labour Relations Commission Annual Report 2008 Depreciation Transfer (to)/from Capital Account Printing The r December 31st Net deferredNet fundingfor pensions Training Stationery andoffice supplies Surplus/(Deficit) for year Loss fixed ondisposalof assets Refurbishment Commission members’ fees Salaries andrelated costs Expenditure Oireachtas grants Income Income andExpenditure Account 29th July009 Miscellaneous Consultancy andprofessional fees feeAudit Utilities andOffice maintenance Research andcateringEntertainment Postage,telephone carriageand Travel andsubsistence Pension costs Rental meetingrooms of Balance at 1st January 1st Balance at Chairperson these Financial of Statements. Deposit interestDeposit esults forthe year relateto continuing operations. The Statement Accounting of Policiesto 12form andNotes1 part

29th July009 Chief Executive Notes 4 2 3 5 1 4 109,000 108,000 4 15 ,213 19 160,148 9 1 151,9 75,986 62,05 48,97 46,186 31,562 18, 3 1 3 8,750 2,478 3 ,060 ,500 ,767 ,738 3 277 49 27 € – 2 6, 5 ,8,0 5 5,987,905 2,18 4,87 287 6,104, ,7 4,870,851 ,920,979 029,988 0,0 107,000 109,000 121,888 116,382 7 2) (105,64 299 4, 5,506 2008 € 9 4,977,860 3 (243 ,530,432 107,000 2 267 ,115, 241 385, 105 4 138,165 122,575 70 3 3 48,48 130,132 30 45,8 211,015 48,555 2 34,18 78, 11,970 2,490 6,803 5,506 8,750 7,818 2007 ,049) ,603 21 ,4 357

€ 9 Labour Relations Commission Annual Report 2008 49 – € ,049) ,049) 2007 7,000 7,000 (7,000) (243 (243 – € 382 2008 41,000 116,382 116, (41,000) (41,000) 4(d) Notes xecutive Chief E 29th July 2009 form part and Notes 1 to 12 form Statements. Policies of these Financial tement of Accounting

The Sta Experience gains/(losses) on pension scheme liabilities gains/(losses) Experience value underlying Changes in assumption the present of pension scheme liabilities operations. to continuing relate the year for The results Chairperson 29th July 2009 Actuarial gain/(loss) on pension liabilities Actuarial gain/(loss) funding pension Adjustment deferred to the year for gain/(loss) recognised Total Surplus/(deficit) for the year for the Surplus/(deficit)

Gains and Losses and Gains Statement of Total Recognised Recognised Total of Statement 50 Labour Relations Commission Annual Report 2008 29th July009 Chairperson The Statement Accounting of these Financial of Policies Statements.to 12form andNotes1 part Creditors (amounts falling duewithinoneyear) Liabilities Current Income andexpenditure account Cash bankand on hand at Debtors andprepayments Assets Current Capital Account Represented By: Total Liabilities AssetslessCurrent Pension liabilities Deferred pensionfunding Total Liabilitiesbefore AssetslessCurrent Pension Fixed Assets Balance Sheet Net Current Assets Current Net 29th July009 Chief Executive Notes 10 9 8 4 4 2 7 1 129,963 1 29,963 117 251,851 3 34,58 ,268 € 11000 (950,000) (1,100,000) ,0,0 950,000 1,100,000 49 49 49 1 1 3 3 21,888 21,888 155445,874 71,575 155445,874 71,575 3 3 3 2008 3 ,46 3 ,46 3 ,46 € 169,540 34 164,0 34 164,0 451,380 451,380 451,380 73 96,537 5,506 5,506 2007 ,003 € 51 Labour Relations Commission Annual Report 2008

€ € € 2007 2007 2007 (7,818) 232 40, 251,625 3 445,874 ,620,851 250,000 3 4,870,851 € € € 349) ,612 ( 2008 2008 2008 57 2,000 50,000 31,562) (138,165) 371,575 57,000 57,000 5 (74,299) 105,642 (1 445,874 109,000 107,000 ,305,979 1,615,000 1, 5,920,979 4 45,706 payable to the 15 Rights Commissioners. The total number of staff The total number of staff to Commissioners. the 15 Rights payable 345,706 €1, ,767 includes fees of includes fees ,767 ,213 Paid over to the Labour Relations Commission to over the Labour Relations Paid Income applied to purchases of Fixed Assets applied of Fixed Income to purchases Paid directly by directly the Department Paid Net book value of assets disposed Net book value Amortisation with depreciation in line

Pension Salaries and Related Costs Salaries and Related Capital Account Capital Oireachtas Grants Oireachtas 007: 49). All staff, other than the Chief Executive, are civil servants assigned civil servants are other than the Chief Executive, All staff, 49). at 31st 51 (2007: December 2008 was employed to the Commission by the Department of Enterprise, Trade and Employment. and Employment. Trade by to the Departmentthe Commission of Enterprise, Current service costs Current (a) Analysis of total pension costs charged Expenditure to charged of pension costs Analysis total (a) Interest on Pension Scheme Liabilities on Pension Interest The charge of €4 The charge Balance at 1st January The Department of Enterprise, Trade and Employment and Employment Trade The Department of Enterprise, follows: as during funding the year grant provided Transfer from Income and Expenditure Account and Expenditure Income from Transfer Balance at 31st December

4 3 2 1 For the Year Ended 31st 2008 December Year the For Notes Notes Statements to the Financial 52 Labour Relations Commission Annual Report 2008 Notes to the Financialto StatementsNotes continued as a suchsums inaccordance continueto meet will not withcurrent practices. The deferred for fundingasset pension the annualestimates process. pensionsincluding public service The Commissionthisfunding that hasnoevidence basis forthe establishment ofthe pension schemes, andthe policy and practice currently in place in relationto funding onthe basis ofthe set of assumptions described above and a number of past events. These events includethe statutory The Commission recognises correspondingthese amountsthe unfundeddeferred asanasset to liabilityfor pension (c) Deferred fundingfor pensions Inflation rate Discount rate Rate increase of inpensions payment Rate increase of insalaries the r The cumulative loss recognised actuarial the Statement of in Total Recognised GainsandLossesto amounts Percentage schemeliabilities of Experience losses/(gains) onschemeliabilities: obligations Defined benefit Net Pensionsthe year paidin loss/(gain) Actuarial Interest costs Current cost service January 1st pensionliabilityat Net the financial (b) Movement pensionliabilityduring year innet (d) History of defined benefit obligations definedbenefit of History (d) been basedonafullac referenceto current ‘’model’’ schemeregulations. publicsector The valuation usedfor FRS17 (Revised) disclosures has pensionarrangement salary withbenefitsandThe pensionschemeisadefinedbenefit contributions definedby (e) Generalthe scheme descriptionof The principal actuarial assumptionswereThe principalactuarial asfollows: 1st December 31st pensionliabilityat 008 amounted to December2008amounted 31st t Amount 1st December2008. equirements 31st the schemeliabilitiesat the FRSto assess inorder of tuarial valuation takingaccountof actuary 2009 byaqualifiedindependent on27thJanuary 100,000 (2007: €1, €950,000). ,0,0 950,000 1,100,000 ,0,0 950,000 1,100,000 5,0 850,000 950,000 5 41,000 41,000 70057,000 57,000 0050,000 2,000 2008 2008 2008 5.5% 4% 4% 4% 2 % € € – €3 (7,000) (7,000) 44,000. 5.5% 2007 2007 2007 (1%) 4% 4% 2%

€ € – 53 Labour Relations Commission Annual Report 2008

€ € 32) 421 385 ,421 (8 Total 2007 (1,181) 2 57,61 81, 31,562 371,575 24,000 29 1,116,5 – – € € ,637 670,655 2008 2,698 4,000 91,504 1 26,8802,960 1,17 586,141 801, 2 189,545 445,874 84,000 108,000 105 Equipment € 32) (8 (1,181) 14,914 4 Fittings 40,058 176,018 494 215,244 432,347 684,18 2 256,329 36230,8 39 140,7 446,080 7 Furniture, Fixtures and Fixtures t 31st December 2008 ver time. This will be included in the notes to the 2009 accounts. time. ver Rent and Rates Assets Fixed Commission Members’ Fees Members’ Commission At 31stAt December 2007 Net book values 31stAt December 2008 At 1stAt January 2008 Ordinary Members Ordinary Year Additions In Depreciation Accumulated Cost 1 JanuaryAt 2008 The Commission operates from offices provided on a rent free basis by the Office of Public Works. Works. Public of basis by the rentOffice free on a provided offices from operates The Commission The annual fees payable to Commission Members are as follows: Members are to Commission payable The annual fees Chairman (f) disclosures FRS17 Revised 2008 under from required requirements in line with new disclosure on pensions has been presented The information an amendment to FRS 17 with the exemption of the mortality basis which allows for improvements in life expectancy expectancy in life improvements of an amendment 17 with the mortality for to FRS the exemption basis which allows o Disposals In Year Disposals In A Depreciation on Disposals Depreciation Charge for Year for Charge At 31stAt December 2008 7 6 5 54 Labour Relations Commission Annual Report 2008 12 11 10 9 8 the Financialto StatementsNotes continued Petty cash Rights Commissioners feeAudit beneficial interest. There werethe yeartransactions in inrelation notheBoard’sto the board membershadany inwhich activities the disclosureto interesttheseprocedures of theBoard membersand by havethe year. beenadheredto in The Board adopted procedures inaccordancethe Code with Practice of forthe Governance State of Bodiesinrelation to variousand due transactions, material isregardedthis Department asarelated party. Trade andEmployment. The Commission received Enterprise, of grant aidfromthe Department Trade andEmployment The LabourRelations Enterprise, of the Department Commission the aegis of statutory isanindependent bodyunder Accruals accountDeposit Current account Debtors These financialstatements were approved the29thJuly 2009. theBoard on by OPW Prepayments Approval Financial of Statements Related Party Transactions Creditors Bank &Cash Debtors &Prepayments 129,963 3 134,58 115,850 96,246 2 117,268 39,458 78, 16,858 4,967 8,750 2008 2008 2008 1, 267 333 85 € € € 34 164,0 73 96,537 131,130 78,267 71,659 24,154 18,057 8,750 1,324 2007 2007 2007 ,003 213 2 € € € 0 55 Labour Relations Commission Annual Report 2008

23&m=u). tions/codes/index.htm&CatID= ompany Reviews, 2005 Reviews, ompany f 2006 f Practice Survey, 2005 Survey, f Practice Dispute Procedures, including Procedures in Essential in Essential including Procedures Dispute Procedures, Services Competitive Strategies and Employee Relations Relations and Employee Strategies Competitive Sector in the Irish Retail LRC Advisory Services Division – Effectiveness of Codes of Codes Advisory ServicesLRC Division – Effectiveness o o Duties and Responsibilities of Employee Representatives Representatives of Employee Duties and Responsibilities them to be afforded and and Facilities the Protection by their Employer Trade in the Retail Working Sunday Matters and Related Periods Rest Compensatory 76 of 2004 No. – S.I. Dispute Resolution Voluntary and Disciplinary Procedures Grievance Workplace in Bullying the Addressing for Procedures Victimisation on of Practice Code on Access of Practice Act 1990 (Code Industrial Relations 8 No. 2006 S.I. Order (Declaration) Working) to Part-Time A Strategic Analysis of the Irish Food Industry – Analysis of the Irish Food A Strategic Practice Human Resource for Implications in Practices Relations and Employee Employment of Ireland West Sector in the Technology the Medical and Access to Dispute the Statutory Workers Migrant October 2005 Agencies, Resolution Management and Human Resource Industrial Relations of Labour Years Twelve – Analysis of in Ireland Practice Advisory Services Division Commission Relations C

Codes of Good Practice Codes • • Labour Relations Commission Research Papers Research Commission Labour Relations • • (Available on the LRC’s website at: website at: on the LRC’s (Available http://www.lrc.ie/ViewDoc.asp?fn=/documents/ publica • • • • • • • • • • • (Available in the Publications section of the LRC’s website) section of the LRC’s in the Publications (Available 004, January 2002. -2004,

LRC Strategy Framework 2002 Framework Strategy LRC 007, March 2005. March 2005-2007, of Strategy Statement LRC Improving Industrial Relations – A Strategic Policy, 1996. 1996. Policy, Strategic – A Industrial Relations Improving LRC Strategic Objectives 2008-2010 Objectives Strategic LRC

DVD Guide to the LRC DVD Guide CD-ROM to the LRC website http://www.lrc.ie/ LRC Rights Commissioner Service Commissioner Rights of Practice Codes Role and Functions Role Role and Functions Role Service Conciliation Advisory Service Service Commissioner Rights Service Mediation Workplace Role and Functions Role Service Conciliation Advisory Service Service Commissioner Rights Service Mediation Workplace of Practice Codes Customer Service Charter

3. 2. 4. website at: on the LRC’s (Available http://www.lrc.ie/ViewDoc.asp?fn=/documents/ publications/strategy/index.htm&CatID=10&m=v). 1. • • and Planning Policy Strategic • • Multimedia Resources • • • • • Portuguese, Polish, in available are Leaflets Information and Chinese (Mandarin) on the following: Russian • • • • • • • in English available are Leaflets Information on the following: • Information Packs are available in both English in both English available are Packs Information following: on Leaflets the LRC and Irish and contain •

from the Labour Relations Commission Relations Labour the from Publications available available 3 Publications Appendix 56 Labour Relations Commission Annual Report 2008 • • • • LRC Customer Service • • The LabourRelations Commission SeminarSeries • Relations Commission LRC Review – the Labour The Journalof Annual Reports forthe yearsto 2008. 1991 Labour Relations Commission AnnualReports

f EURO:THE Implications for HumanResource Strategies (Copy available for referencethe LRC). in to IrishIndustrialRelationsNew Challenges 11th No Irish LabourMarket IssuesinaGlobalEconomy” Symposium “Meeting Change– the Challengeof Dublin Kingdom the Republic Ireland Ireland/Northern of the United and Seminar – “Changing ApproachestoIndustrialRelations – asp?DocI the LRC’son websiteat: http://www.lrc.ie/viewdoc. Customer Service Charter,Customer Service 2005. asp?m=u&fn=/documents/symposium05/symp05.htm LRC’s websiteat: http://www.lrc.ie/viewdoc. Centre, DublinSpeaker presentations availablethe on Thursday 9thNovember 2006, Croke Park Conference Symposium NewPerspectives on Workplace Change, publica http://www.lrc.ie/ViewDoc.asp?fn=/documents/ to 8.Issue numbers1 h publications/researchconference/euro. http://www.lrc.ie/ViewDoc.asp?fn=/documents/ 1st Centurythe 21st (Availableor the LRC’s on websiteat: tm&CatID=27&m=u). vember 2004. Speaker presentations available tions/journal/index.htm&CatID=25&m=u D=396&m=f) ”, November 21st 2005, Great SouthernHotel,

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