Labour Court Database __________________________________________________________________________________ File Number: CD9127 Case Number: LCR13455 Section / Act: S20(1) Parties: DUBLIN COUNTY COUNCIL - and - A WORKER |
A dispute concerning the re-instatement of a worker as a painter.
Recommendation:
5. Having considered the submissions made by the parties the
Court is satisfied that the Council has met all its obligations to
the worker concerned. It does recommend however that he should be
enabled to apply for the next "open" vacancy for a painter which
arises in the Council, such application however implying no
obligation on the Council to treat his canditature otherwise then
on its merits.
Division: Mr O'Connell Mr McHenry Mr Walsh
Text of Document__________________________________________________________________
CD9127 RECOMMENDATION NO. LCR13455
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT 1969
PARTIES: DUBLIN COUNTY COUNCIL
and
A WORKER
SUBJECT:
1. A dispute concerning the re-instatement of a worker as a
painter.
BACKGROUND:
2. The worker commenced employment in 1983 as a General Operative
with Dublin County Council. In 1984 he applied and was accepted
for a position of apprentice painter within the Council. On
completion of his apprenticeship in May, 1988 his employment (and
that of the other apprentices) was terminated as the Council was
not in a position to offer full-time employment to painters. In
accordance with normal procedures the Company issued the worker
with a letter stating that if vacancies for painters arose within
12 months of the date of termination the worker would be offered a
position. Due to the worker's personal circumstances at that time
(which the Council was aware of) the worker was offered and
accepted a position of Depot Assistant in the Marley Parks Depot.
As the work of a Depot Assistant did not appeal to the worker he
was re-assigned as a General Operative to Cabinteely House. He
was not happy in his new position and decided to resign. He
issued the Council with a letter of resignation on 2nd December,
1988. Since his resignation the worker claims that at least two
painters have been re-employed by the Council and that he was not
informed of or offered any of the vacancies. He claims that the
Council should reinstate him as a full-time painter. The Council
rejects the claim maintaining that it has treatd the worker more
than fairly. The worker referred the dispute to the Labour Court
under Section 20(1) of the Industrial Relations Act, 1969. A
Court hearing took place on 8th October, 1991. Prior to the
hearing the worker agreed to be bound by the recommendation of the
Court.
WORKER'S ARGUMENTS:
3. 1. The worker by resigning in December, 1988 resigned as a
General Operative. He did not forfeit his right to be
re-employed by the Council as a painter.
2. At least two painters have been re-employed by the
Council, one who completed his apprenticeship at the same time
as the worker, and one who completed his apprenticeship at a
later date. The worker had more service with the Council than
either of the two painters. The Council should re-instate him
as a painter.
COUNCIL'S ARGUMENTS:
4. 1. The Council did not terminate the workers' employment.
The worker resigned voluntarily. The question of
re-instatement does not arise.
2. There is no obligation on the Council to re-employ the
worker in a full-time capacity as a painter once a 12 month
period after the completion of his apprenticeship has elapsed.
The worker may re-apply at anytime to the Council for a
position if a suitable vacancy arises and his application will
be processed in the normal way.
RECOMMENDATION:
5. Having considered the submissions made by the parties the
Court is satisfied that the Council has met all its obligations to
the worker concerned. It does recommend however that he should be
enabled to apply for the next "open" vacancy for a painter which
arises in the Council, such application however implying no
obligation on the Council to treat his canditature otherwise then
on its merits.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
22nd October, 1991 Deputy Chairman.
A.O'S/J.C.