Strike action threat could hit rail services

Yoda

From RTÉ

Strike action threat could hit rail services

21 June 2005 15:15
Iarnród Éireann is advising customers that intercity and commuter rail services will be at risk from Thursday because of threatened industrial action by SIPTU members in Cork and Mallow.

The services which may be affected are the Cork-Dublin, Kerry-Dublin and Cork-Kerry Intercity services and the Cork-Cobh and Cork-Mallow commuter services.

The threatened strike action arises from the outcome of disciplinary proceedings taken against a Cork ticket inspector for ticketing irregularities.

murphaph

Much more interestingly from IE's website...........

Iarnród Éireann is advising customers that the operation of Cork-Dublin, Kerry-Dublin and Cork-Kerry Intercity services, as well as Cork-Cobh and Cork-Mallow commuter services, and freight services will be at risk from this Thursday, due to threatened industrial action by members of SIPTU in Cork and Mallow.

The threatened strike action arises from the outcome of disciplinary proceedings taken against a Cork ticket checker for ticketing irregularities.

This individual had previously been disciplined for a similar offence.

The outcome of the latest disciplinary procedure was that he was found to have engaged in ticketing irregularities and was dismissed.

The individual, accompanied and represented by his Trade Union SIPTU followed this Disciplinary Hearing with an appeal to the Iarnród Éireann Appeals Tribunal (external Chairman, Company and Trade Union nominee), and an Ad Misericordiam appeal to the head of Operations. Both of these appeals upheld the decision to dismiss.

The individual subsequently exercised a legal entitlement to appeal his dismissal to the Employment Appeals Tribunal (EAT), which ultimately determined that he should be reinstated despite the outcome of the three stages of the disciplinary process.

Under industrial relations law, and under established custom and practice in Iarnród Éireann and across the CIÉ Group, an EAT decision can be appealed to the Circuit Court.

Iarnród Éireann are pursuing this legal right, to bring the full, established processes in cases of this type to a conclusion.

Notwithstanding that SIPTU and other unions have on all previous occasions participated in such cases in the Circuit Court, and that Iarnród Éireann has stated to SIPTU that no further appeal will be pursued if the Circuit Court appeal fails, on this occasion SIPTU balloted members in Cork and Mallow for industrial action, and are seeking to inflict unnecessary disruption on the travelling public and our freight customers in order to divert the process of appeal.

This contrasts with the Company’s approach, whereby Iarnród Éireann participated in all internal and external appeals sought by the individual and his Trade Union.

Iarnród Éireann calls on SIPTU and their members in Cork and Mallow to withdraw strike notice, to allow the proper processes to be brought to a conclusion, and to ensure that our customers, both passenger and freight do not face unnecessary and unjustifiable disruption from this Thursday.

The company has been in contact with SIPTU, and remains available for discussions to prevent this action.

No threat exists in respect of services other than Cork-Dublin, Kerry-Dublin, Cork-Kerry, Cork-Cobh and Cork-Mallow, and freight services in the Cork area.

Thomond Pk

He should be re-instated until the judicial process has been exhausted, however IE should seek full costs if they are successful in their appeal. The employment tribunal has a statutory function which must be respected in the absence of a judgement.

IE should step back to protect the commuter if they are confident that they are merely one step away from having their position validated by the judiciary.

murphaph

Thomond Pk wrote:

He should be re-instated until the judicial process has been exhausted, however IE should seek full costs if they are successful in their appeal. The employment tribunal has a statutory function which must be respected in the absence of a judgement.

IE should step back to protect the commuter if they are confident that they are merely one step away from having their position validated by the judiciary.

I disagree. If he's guilty of what I think he's guilty of then IE can't be seen to rehire him until they sack him again. The company sacked him. He appealed 3 times to various tribunals (none of which have ANY legal authority). He lost twice and won once. IE will now take it to a real court and finish it properly. The union has NO BUSINESS calling for industrial action before the proper procedures have been exhausted and should be ashamed of themselves for holding the public (who pay their wages) to ransom like this. IE have to get tough with the slack at some point, painful as it may be the message has to sink in to these slackers that they will be sacked and that CIE is there to provide transport for Ireland and not jobs for them!

If and when it goes to court, the first thing a judge will say is "...but you rehired him even though you believe he's guilty of x, y and z!". It's a hard position to defend.

I understand you're POV about the customer coming first but that will only really happn with an attitude shift among the bad staff. Hopefully this will bring it.

As always I'd like to point out that I've had excellent customer service from many IE staff and these bad apples taint the great staff they do have.

Occidental

SIPTU admitted on Morning Ireland that they have previously ignored rulings by the Employment Appeals Tribunal which didn't go their way. However, they believe that Irish Rail should accept the EAT's decision on this case, as "this one is different".

penexpers

Occidental wrote:

SIPTU admitted on Morning Ireland that they have previously ignored rulings by the Employment Appeals Tribunal which didn't go their way. However, they believe that Irish Rail should accept the EAT's decision on this case, as "this one is different".

You're kidding right?

murphaph

Occidental wrote:

SIPTU admitted on Morning Ireland that they have previously ignored rulings by the Employment Appeals Tribunal which didn't go their way. However, they believe that Irish Rail should accept the EAT's decision on this case, as "this one is different".

Course it is. I hate the idea of privatising stuff like transport but sometimes........ :mad: