Labour Court Database __________________________________________________________________________________ File Number: CD87207 Case Number: LCR11312 Section / Act: S67 Parties: THOMOND COLLEGE - and - ASTMS |
Claims that: (a) there was a breach of custom and practice in the filling of two senior secretarial posts. (b) an internal applicant got an unfair interview.
Recommendation:
9. The Court finds that the College did not act in any way
improperly in filling either vacancy. The Court accepts the
College's argument that due to the smallness of its staff it is
necessary to advertise outside when senior posts become vacant,
and does not therefore recommend that they should be confined to
internal competitions.
On the question of the alleged unfair treatment of one applicant
the Court is of the opinion that much of her grievance arises from
a misunderstanding and does not in the circumstances consider any
recommendation to be necessary.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD87207 THE LABOUR COURT LCR11312
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11312
Parties: THOMOND COLLEGE
and
ASSOCIATION OF SCIENTIFIC, TECHNICAL AND MANAGERIAL STAFFS
Subject:
1. Claims that:
(a) there was a breach of custom and practice in the
filling of two senior secretarial posts.
(b) an internal applicant got an unfair interview.
General Background:
2. No agreement was reached through local negotiations and on 9th
February, 1987 these matters were referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 4th March, 1987 but no agreement was reached and on 16th March,
1987 the case was referred to the Court for investigation and
recommendation. A Labour Court hearing was held on 9th June, 1987
in Limerick,earlier dates were unsuitable to one or other of the
parties.
Claim (a) : breach of custom and practice in the filling of two
senior secretarial posts
Background:
3. In 1986 the College advertised two posts of senior secretarial
assistant. One a permanent post in the finance office was
advertised externally by the College. The other a temporary post
as the director's personal secretary was advertised internally
in the College and with the National Manpower Service. Interviews
took place for the posts in July, 1986. In August, 1986 the Union
claimed that the procedures used by the College in filling the
posts were in breach of custom and practice. The College rejected
the claim.
Union's arguments:
4. (i) Senior secretarial posts were the subject of a
conciliation conference in May, 1980 and at that time
the College agreed to offer the posts to secretarial
assistants with at least two years' experience in the
College. A similar arrangement exists in other
educational institutions and in particular, N.I.H.E.,
that is, "all Senior Secretarial Assistant vacancies
are advertised and filled internally."
(ii) Since 1982, one of the workers had held the position of
junior secretarial assistant in the finance office of
the College. During this time she has worked in a
temporary capacity as senior secretarial assistant,
which is two posts above her permanent post, when the
holder of these posts was on annual, sick and special
leave during that 4 year period.
(iii) The College's advertising of the posts externally in
June, 1986 was a departure from previous arrangements.
Up until then all posts had been initially advertised
internally by the College.
(iv) In advertising these posts externally the College
departed from the recommendation made by the Department
of Education i.e. that the post of senior secretarial
grade be a promotional grade.
(v) No formal procedural agreement exists between the Union
and the College but both parties have worked in a
spirit of goodwill and co-operation since 1977. By
arbitrarily advertising posts externally, which were
hitherto filled by internal advertisement and
selection, the College have jeopardised good industrial
practices, which if continued will put Union members
employed at the College under extreme pressure to
react.
(vi) In 1980 when Thomond College was given sanction for
three senior secretarial posts, two posts were filled
from existing secretarial staff and the third was
filled by up-grading. At this time there was an
agreement with Management that all senior secretarial
staff vacancies, both temporary and permanent, would be
seen as promotional outlets for existing staff and as
such would be advertised internally. Since this time,
Management have adhered to the agreement, with the
exception of this post.
College's arguments:
5. (a) The normal recruitment procedures for filling permanent
posts in the College were used to fill the post in the
finance office. The normal procedure for filling long
term temporary posts was used by the College in filling
the post of director's personal secretary.
(b) It can be seen from the history of filling senior
secretarial posts in the College that all permanent
posts in the College, with one exception, have been
filled by open competition following a public
advertisement. The same procedure was used for
recruiting to the post in question here.
(c) In the NIHEs, where the equivalent grade exists, posts
at senior secretarial assistant level are confined
initially to serving secretarial assistants with a
minimum of three years' experience. Where there are no
eligible or suitable internal applicants, vacancies are
filled by public competition. (Within the past six
months both of the NIHEs have in fact advertised
externally for this grade).
(d) In other colleges, generally, such posts are advertised
internally in the first instance, but with no
commitment to the vacancy being filled from this
competition. If a suitable candidate cannot be found
internally then the post is advertised externally. In
some circumstances colleges would advertise such posts
internally and externally at the same time - e.g. when
the number of suitable applicants is too few for a
meaningful competition.
(e) All colleges and institutions emphasise the right to
retain the discretion to fill such posts externally.
(f) The College concluded that it was necessary to widen
the competition and advertise the post externally as
the number of suitably qualified secretarial staff was
too few. It was also necessary to ensure that the best
possible candidates was obtained for the post.
(g) In the filling of posts the College is subject to the
norms prevailing in the public service. The College
used the normal procedures in filling the posts
concerned.
Claim (b) : allegation of an unfair interview
Background:
6. This claim concerns a worker who has been employed sine 1982
in the finance office by the College as a junior secretarial
assistant. From February, 1986 the worker had filled the post of
senior secretarial assistant in the finance office on a temporary
basis. When the post was advertised in June, 1986 the worker
applied and was called for interview on 23rd July, 1986. On 18th
August, 1986 the Union claimed that the worker had not been given
a fair interview. The College rejected the claim.
Union's arguments:
7. (i) After the interview and before the results became
known, the worker complained to the director at the
format the interview had taken. In her opinion the
interview was a "shambles," -- she did not consider it
relevant to the job, whether she played golf or not and
while one of the panel expressed the view that he was
of the opinion that the worker was a cook, another
interviewer was anxious to know from the worker --
"whether in your opinion other people in the office
would be happy to see you get the job" -- The finance
officer on the interview board did not address the
worker during the interview.
(ii) The worker should now be informed by the College, why
she was unsuccessful, as should other applicants for
similar posts, who would request this information. The
reason for this is simply that they would be given the
opportunity to address their deficiencies and be better
equipped to apply for subsequent vacancies.
(iii) The second letter sent by the College to the worker
requesting a renewal of her contract for a month caused
the worker great distress, as it lacked any sensitivity
which she might have expected from the College, as the
circumstances for her temporary position were such that
she was lead to believe that she did an excellent job
and the finance officer had on several occasions
commended her for her diligence and hard work.
College's arguments:
8. The College rejects this allegation. The interview board
consisted of the finance officer, the head of the school of
graduate and professional studies, the principal of a vocational
school (a college governor) and a member of staff of AnCO. This
board decided the ranking of the successful candidates in a proper
manner.
RECOMMENDATION:
9. The Court finds that the College did not act in any way
improperly in filling either vacancy. The Court accepts the
College's argument that due to the smallness of its staff it is
necessary to advertise outside when senior posts become vacant,
and does not therefore recommend that they should be confined to
internal competitions.
On the question of the alleged unfair treatment of one applicant
the Court is of the opinion that much of her grievance arises from
a misunderstanding and does not in the circumstances consider any
recommendation to be necessary.
~
Signed on behalf of the Labour Court
John O'Connell
___14th___July,___1987. ___________________
T. O'M. / J. C. Deputy Chairman
CD87207 THE LABOUR COURT LCR11312
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11312
Parties: THOMOND COLLEGE
and
ASSOCIATION OF SCIENTIFIC, TECHNICAL AND MANAGERIAL STAFFS
Subject:
1. Claims that:
(a) there was a breach of custom and practice in the
filling of two senior secretarial posts.
(b) an internal applicant got an unfair interview.
General Background:
2. No agreement was reached through local negotiations and on 9th
February, 1987 these matters were referred to the conciliation
service of the Labour Court. A conciliation conference was held
on 4th March, 1987 but no agreement was reached and on 16th March,
1987 the case was referred to the Court for investigation and
recommendation. A Labour Court hearing was held on 9th June, 1987
in Limerick,earlier dates were unsuitable to one or other of the
parties.
Claim (a) : breach of custom and practice in the filling of two
senior secretarial posts
Background:
3. In 1986 the College advertised two posts of senior secretarial
assistant. One a permanent post in the finance office was
advertised externally by the College. The other a temporary post
as the director's personal secretary was advertised internally
in the College and with the National Manpower Service. Interviews
took place for the posts in July, 1986. In August, 1986 the Union
claimed that the procedures used by the College in filling the
posts were in breach of custom and practice. The College rejected
the claim.
Union's arguments:
4. (i) Senior secretarial posts were the subject of a
conciliation conference in May, 1980 and at that time
the College agreed to offer the posts to secretarial
assistants with at least two years' experience in the
College. A similar arrangement exists in other
educational institutions and in particular, N.I.H.E.,
that is, "all Senior Secretarial Assistant vacancies
are advertised and filled internally."
(ii) Since 1982, one of the workers had held the position of
junior secretarial assistant in the finance office of
the College. During this time she has worked in a
temporary capacity as senior secretarial assistant,
which is two posts above her permanent post, when the
holder of these posts was on annual, sick and special
leave during that 4 year period.
(iii) The College's advertising of the posts externally in
June, 1986 was a departure from previous arrangements.
Up until then all posts had been initially advertised
internally by the College.
(iv) In advertising these posts externally the College
departed from the recommendation made by the Department
of Education i.e. that the post of senior secretarial
grade be a promotional grade.
(v) No formal procedural agreement exists between the Union
and the College but both parties have worked in a
spirit of goodwill and co-operation since 1977. By
arbitrarily advertising posts externally, which were
hitherto filled by internal advertisement and
selection, the College have jeopardised good industrial
practices, which if continued will put Union members
employed at the College under extreme pressure to
react.
(vi) In 1980 when Thomond College was given sanction for
three senior secretarial posts, two posts were filled
from existing secretarial staff and the third was
filled by up-grading. At this time there was an
agreement with Management that all senior secretarial
staff vacancies, both temporary and permanent, would be
seen as promotional outlets for existing staff and as
such would be advertised internally. Since this time,
Management have adhered to the agreement, with the
exception of this post.
College's arguments:
5. (a) The normal recruitment procedures for filling permanent
posts in the College were used to fill the post in the
finance office. The normal procedure for filling long
term temporary posts was used by the College in filling
the post of director's personal secretary.
(b) It can be seen from the history of filling senior
secretarial posts in the College that all permanent
posts in the College, with one exception, have been
filled by open competition following a public
advertisement. The same procedure was used for
recruiting to the post in question here.
(c) In the NIHEs, where the equivalent grade exists, posts
at senior secretarial assistant level are confined
initially to serving secretarial assistants with a
minimum of three years' experience. Where there are no
eligible or suitable internal applicants, vacancies are
filled by public competition. (Within the past six
months both of the NIHEs have in fact advertised
externally for this grade).
(d) In other colleges, generally, such posts are advertised
internally in the first instance, but with no
commitment to the vacancy being filled from this
competition. If a suitable candidate cannot be found
internally then the post is advertised externally. In
some circumstances colleges would advertise such posts
internally and externally at the same time - e.g. when
the number of suitable applicants is too few for a
meaningful competition.
(e) All colleges and institutions emphasise the right to
retain the discretion to fill such posts externally.
(f) The College concluded that it was necessary to widen
the competition and advertise the post externally as
the number of suitably qualified secretarial staff was
too few. It was also necessary to ensure that the best
possible candidates was obtained for the post.
(g) In the filling of posts the College is subject to the
norms prevailing in the public service. The College
used the normal procedures in filling the posts
concerned.
Claim (b) : allegation of an unfair interview
Background:
6. This claim concerns a worker who has been employed sine 1982
in the finance office by the College as a junior secretarial
assistant. From February, 1986 the worker had filled the post of
senior secretarial assistant in the finance office on a temporary
basis. When the post was advertised in June, 1986 the worker
applied and was called for interview on 23rd July, 1986. On 18th
August, 1986 the Union claimed that the worker had not been given
a fair interview. The College rejected the claim.
Union's arguments:
7. (i) After the interview and before the results became
known, the worker complained to the director at the
format the interview had taken. In her opinion the
interview was a "shambles," -- she did not consider it
relevant to the job, whether she played golf or not and
while one of the panel expressed the view that he was
of the opinion that the worker was a cook, another
interviewer was anxious to know from the worker --
"whether in your opinion other people in the office
would be happy to see you get the job" -- The finance
officer on the interview board did not address the
worker during the interview.
(ii) The worker should now be informed by the College, why
she was unsuccessful, as should other applicants for
similar posts, who would request this information. The
reason for this is simply that they would be given the
opportunity to address their deficiencies and be better
equipped to apply for subsequent vacancies.
(iii) The second letter sent by the College to the worker
requesting a renewal of her contract for a month caused
the worker great distress, as it lacked any sensitivity
which she might have expected from the College, as the
circumstances for her temporary position were such that
she was lead to believe that she did an excellent job
and the finance officer had on several occasions
commended her for her diligence and hard work.
College's arguments:
8. The College rejects this allegation. The interview board
consisted of the finance officer, the head of the school of
graduate and professional studies, the principal of a vocational
school (a college governor) and a member of staff of AnCO. This
board decided the ranking of the successful candidates in a proper
manner.
RECOMMENDATION:
9. The Court finds that the College did not act in any way
improperly in filling either vacancy. The Court accepts the
College's argument that due to the smallness of its staff it is
necessary to advertise outside when senior posts become vacant,
and does not therefore recommend that they should be confined to
internal competitions.
On the question of the alleged unfair treatment of one applicant
the Court is of the opinion that much of her grievance arises from
a misunderstanding and does not in the circumstances consider any
recommendation to be necessary.
~
Signed on behalf of the Labour Court
John O'Connell
___14th___July,___1987. ___________________
T. O'M. / J. C. Deputy Chairman