WORKERS AT CORK-based outsourcing company Abtran have said that the company are refusing to allow union representatives into disciplinary hearings. 

In May, workers launched a pay claim with the company, requesting a wage increase to €15 per hour. Last month, the IWU announced that its members were balloting for potential industrial action, with results expected this week.

In emails sent to employees facing disciplinary processes seen by The Journal, Abtran said that they “recognise the employee’s right to have a colleague present by way of representation but not any other person or body unconnected with Abtran”. They said that this is in line with the Workplace Relations Commision’s (WRC) Code of Practice on Disciplinaries. 

The WRC’s Code of Practice on Disciplinaries states that an employee representative “includes a colleague of the employee’s choice and a registered trade union but not any other person or body unconnected with the enterprise.” It is understood that this means that employees are permitted to have a colleague or union representative present. 

However, Ireland’s system of industrial relations is what is called a voluntarist system, meaning that the employer is not obliged to recognise the union. This leaves the Code of Practice open to interpretation on whether a company is allowed to choose to allow only a colleague or union representative.

While the Code of Practice is not legally binding, it is understood that in the case of, for instance, an unfair dismissal case before the WRC, an adjudicator will enquire with the employer as to whether they followed the Code of Practice. If it is found that they did not, this will be taken as an inference that the dismissal was unfair. 

Jamie Murphy, the General Secretary of the Independent Workers Union, which represents a number of Abtran workers, said that the union considers Abtran’s policy towards union representation to be a breach of the code of practice.

“Abtran has continuously told workers the IWU are representing that they are not allowed to have a union representative present when in disciplinary meetings, and that only a colleague is allowed.

“This is a clear breach of the workers’ right to fair procedure, as the Code explicitly states that a registered trade union representative should be allowed and the workers are asking that their rights be respected in line with the Code,” he said.

In response to a query from The Journal, Abtran said that it is “a responsible and caring employer and operates fully in line with every aspect of employment legislation, regulatory processes and codes of practice in its employee relations, and any assertion to the contrary would be inaccurate. 

“We are not engaged with any external parties regarding the collegiate and co-operative relationship that we have with our employees,” a spokesperson said. 

Abtran operate two call centres, one in Cork and another in Sligo. They currently have a number of state contracts, including for Electric Ireland, eFlow, and the National Drivers License Service.

Louise O’Reilly, Sinn Féin’s spokesperson on Employment, and former Siptu organiser said that access to union representation was an absolute necessity for workers. 

“Workers are very vulnerable, and while technically employers are not allowed to penalise employees for trade union activity, if they are not facilitating it, like not letting them have representation in a disciplinary meeting, then they essentially are,” she said.