Labour Court Database __________________________________________________________________________________ File Number: CD93329 Case Number: LCR14172 Section / Act: S26(1) Parties: FORAS AISEANNA SAOTHAIR (FAS) - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Dispute concerning the filling of an Instructor vacancy in Loughlinstown Training Centre.
Recommendation:
The Court, having considered the submissions both oral and written
and having taken into account all of the views expressed by the
parties regarding the advertising of vacancies and the procedures
for dealing with transfers finds, that a case has not been made to
warrant recommendation of concession of the union claim, and
accordingly rejects it. The Court would suggest to the parties
that they examine the procedures for dealing with transfer
requests with a view to improving the present arrangements.
The Court so recommends.
Division: MrMcGrath Mr Keogh Mr O'Murchu
Text of Document__________________________________________________________________
CD93329 RECOMMENDATION NO. LCR14172
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
PARTIES: FORAS AISEANNA SAOTHAIR (FAS)
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Dispute concerning the filling of an Instructor vacancy in
Loughlinstown Training Centre.
BACKGROUND:
2. 1. A vacancy for a hairdressing instructor arose in the FAS
Training Centre in Loughlinstown and in September, 1992. A
notice was posted on all notice boards inviting applications
for the post. The worker, who was in the Athlone Training
Centre, applied for the post and informed her manager both
verbally and in writing of her reasons for applying. On the
16th October, 1992, the position was advertised externally in
the national newspapers and the worker was interviewed on the
14th December, 1992.
2. On the 22nd February, 1993, the Union notified the
Authority that they were in dispute regarding the filling of
the vacancy and requested that they postpone the filling of
the post until the agreed procedures had been gone through.
Local meetings were held but agreement could not be reached.
The post was filled by a candidate from outside FAS in late
February, 1993. The matter was referred to the Labour
Relations Commission and a conciliation conference took place
on the 1st April, 1993. Again agreement could not be reached
and the dispute was referred by the Labour Relations
Commission to the Labour Court on the 21st May, 1993. The
Court investigated the matter on the 26th July, 1993.
UNION'S ARGUMENTS:
3. 1. The worker has worked as a temporary instructor in
Loughlinstown on several occasions.
2. The worker's qualifications and experience were
recognised by FAS when they placed her at point 11 on the
salary scale.
3. A General Assistant (Grade 13) transferred from
Loughlinstown Training Centre to a Dublin Centre without an
external competition.
4. Management were aware of the worker's domestic
circumstances.
5. There is no written document stating that a person
requires twelve months service to transfer.
AUTHORITY'S ARGUMENTS:
4. 1. Instructor posts are Grade 10 in the organisation
structure and are advertised externally and internally and
filled through competition.
2. The worker was informed that the post was being
advertised externally and that her application would receive
consideration in due course.
3. The worker had six months of her probation left to
complete.
4. The selection and appointment of candidates to fill any
vacancy in FAS is the responsibility of management.
RECOMMENDATION:
The Court, having considered the submissions both oral and written
and having taken into account all of the views expressed by the
parties regarding the advertising of vacancies and the procedures
for dealing with transfers finds, that a case has not been made to
warrant recommendation of concession of the union claim, and
accordingly rejects it. The Court would suggest to the parties
that they examine the procedures for dealing with transfer
requests with a view to improving the present arrangements.
The Court so recommends.
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Signed on behalf of the Labour Court
30th August, 1993 Tom McGrath
P.O.C./J.C. ____________________________________
Deputy Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Paul O'Connor, Court Secretary.