The prospect of further Luas strikes in the weeks ahead has increased following the collapse of planned conciliation talks between management and staff representatives which were scheduled to take place next week.

The Workplace Relations Commission said on Friday that it had decided that the planned talks would not go ahead as a row over toilet breaks by drivers, which the company considers to be unofficial industrial action, continues.

It is understood the Workplace Relations Commission told the parties it did not believe the atmosphere was conducive now to an intervention.

On Friday Luas operator Transdev warned staff who engaged in “unofficial industrial action” that they could lose pay.

Transdev believes that excessive levels of toilet breaks are being sought by staff to further their industrial action campaign and that this falls outside the scope of the work-to-rule which was notified to it.

The company had told the Workplace Relations Commission that it would not attend the planed talks next week if unofficial industrial action continued.

The company said that on Thursday, the day the Workplace Relations Commission had invited the parties to talks, 12 toilet breaks had been taken by drivers. It said three breaks had been requested within a one-hour period.

The company maintained that before the current industrial action commenced 22 toilet breaks had been taken in total from the beginning of January to February 5th.

Transdev has contended that drivers were taking excessive numbers of toilet breaks , which can delay tram services, to further their demands for improved pay and conditions.

“This unofficial action is clearly unlawful, designed to disrupt the travelling public and damage the company”, the letter said.

Transdev told staff that from next Sunday it would introduce “proportionate payroll adjustments” for staff who are engaging in unofficial industrial action.

The company will set a level of three toilet breaks per 24 hour period which it believes is appropriate to cover genuine cases.

“This unofficial industrial action is unlawful, so drivers are not covered by immunities under the Industrial Relations Acts and as a consequence they will leave themselves personally and Siptu liable for any losses the company incurs including any financial penalties we incur as a result of service disruption.”

Transdev said it expected the unofficial industrial action by staff to be addressed unconditionally by Siptu.

Siptu said it had no act or part in any such action as contended by the company.

It said the allegations made by the company were serious. It said it had previously raised the issue with its local representatives and was told such action was not happening.

The union said if such action was taking place it would not condone it or support it.

Siptu said the decision of the Workplace Relations Commission to call off the planned talks next week was regrettable but understandable if the allegations were true.

Luas staff are scheduled to stage further strikes on March 8th and March 17th, St Patrick’s Day.

Luas staff are seeking increases of between 8 and 53 per cent as well as improvements in conditions of employment.