"Behind the scenes talks" aimed at resolving a row between the body that represents garda sergeants and inspectors and the Garda Commissioner over proposed rostering arrangements have been taking place, the High Court has heard.
Mr Justice Brian O'Moore was also told that despite the discussions aimed at breaking the ongoing impasse the Garda Commissioner wants a court action arising out of the dispute heard as soon as possible.
Earlier this year the Association of Garda Sergeants and Inspectors (AGSI) commenced High Court proceedings over proposed new rostering arrangements to replace those which were introduced as a response to the Covid-19 pandemic, claiming that they will adversely impact on its members' health, safety and family lives.
The AGSI claims that while it wants to agree new rostering arrangements, which will come into being when the current ones end in October, proposals put to it by the Commissioner last year are not acceptable.
Arising out of the failure to reach an agreement, the AGSI fears that the Commissioner will put a roster in place without the representative's body's agreement.
Injunction
As a result, the AGSI wants the court to injunct the Commissioner from unilaterally imposing a new rostering schedule on its 2,500 members.
It also seeks orders from the court preventing the Commissioner from extending working arrangements put in place during the Covid-19 pandemic, and that the commissioner exhaust all internal Garda dispute resolution procedures before seeking the assistance of the Workplace Relations Commission.
The action first came before the court last March, and has been adjourned from time to time.
When case was briefly mentioned before Mr Justice Brian O'Moore on Monday Mr Paul McGarry SC, with John Berry Bl, instructed by Sean Costello solicitors for the AGSI said that "behind-the-scenes talks" have taken place between the parties.
Counsel his side was seeking to have the action adjourned, and perhaps a hearing date fixed in October, in the hope that the out-of-court discussions might bring about a resolution.
However, Mark Connaughton SC for the Commissioner, which opposes the application, said his client wanted the matter heard as soon as possible and asked the court to fix a date for the hearing of the AGSI's application.
Mr Justice O'Moore, who noted that discussions have taken place which if successful could resolve the proceedings, agreed to adjourn the matter to later this week when a date for the hearing of the injunction application can be fixed.
Working time agreement
Previously the court heard that in 2012 an agreement was reached between the Garda representative bodies and the Commissioner about working times.
This working time agreement (WTA), known as the 'Westmanstown Roster' was agreed in the context of the 2010 Public Sector Agreement, which was sought to enhance the State's public services during the then financial emergency.
As a result of the WTA, which incorporated EU directives designed to enhance and protect employee's health and safety, AGSI members were rostered to work 10 hours a day for six days, followed by four days off.
That WTA remained in place till the outbreak of the Covid-19 pandemic in 2020.
The response to the pandemic required the adaptation of a new roster which involved AGSI members working four days on, where they typically worked for 12 hours, followed by four days off.
The AGSi, agreed to the new arrangements, because the commissioner had allegedly represented to it that the changed roster would be temporary and would only be in place as long as required to assist the state during the pandemic.
Despite the end of the pandemic emergency the AGSI claims that its members are continuing to work under the contingency roster rather than the one agreed in 2012.
Commencing last year, ongoing discussions involving the relevant parties about the implementation of new working time arrangements had taken place.
No agreement
However, no agreement on a new roster has been reached with the AGSI.
It believes that further discussions should take place, and that all internal dispute mechanisms within An Garda Síochána should be exhausted rather than have the matter go before the WRC.
However, based on recent correspondence between the parties' legal representatives the AGSI believes that the Commissioner may unilaterally and without the AGSI's agreement introduce a new roster when the current arrangements expire.
The AGSI claims the Commissioner cannot lawfully unilaterally impose the new roster in breach of the legitimate expectation of its members.
The proposed new arrangements, it is further contented breach EU law, and a purported commitment by the Commissioner to retore the 2012 WTA once the covid 19 emergency had ended.
These fears, and the failure to reach an agreement, resulted in the AGSI seeking orders from the court.
