Gerald Nash (Louth, Labour) | Oireachtas source

I understand that the current dispute concerns a range of issues, including the introduction of banded hours contracts, individual and collective representational rights and a review of the use of temporary contracts. The union is seeking to engage with the company on these issues and the matter was referred by the union to the Labour Court under section 20(1) of the Industrial Relations Act 1969 in October last year. It was disappointing that Dunnes Stores was not represented at the court hearing. The court found it regrettable that the company declined to participate in the investigation of the dispute or to put forward its position on the union's claims.

In its recommendation of 14 November 2014, the court reaffirmed earlier recommendations it had made by noting that the company and the union were party to a collective agreement signed in 1996, which provides a procedural framework within which industrial relations disputes and differences arising between the parties can be resolved by negotiation and dialogue. The court pointed out that the dictates of good industrial relations practice require parties to honour their collective agreements in both spirit and intent. I assure the Deputy that I agree that Dunnes Stores should have attended the court.

I regret that the company decided against attending the Labour Court hearing, contrary to good industrial relations practice in that regard. The experience and expertise of the court offer the most appropriate and effective avenue for resolving such issues and I urge both parties to avail of the services of the State’s industrial relations machinery which remain available to assist the parties, if requested. Engagement with the State's industrial relations machinery offers the best way whereby the parties involved in this dispute can hope to resolve their differences.

Neither the Labour Court nor the Minister can compel a company to comply with such recommendations, and ultimately, responsibility for the settlement of a trade dispute rests with the parties to the dispute.

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