Labour Court Database __________________________________________________________________________________ File Number: CD94453 Case Number: AD9482 Section / Act: S13(9) Parties: NAVAN URBAN DISTRICT COUNCIL - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Appeal by the Union against Rights Commissioner's Recommendation No. ST159/94.
Recommendation:
The Court having considered the submissions of the parties decides
as follows:-
1. That an equitable system of recall for casual staff be agreed
between the parties, and that the new system be brought into
operation for the 1995 season.
2. That the claimant be given favourable consideration for
recall under the new system in 1995 for any temporary work
which may become available.
The Recommendation of the Rights Commissioner is to be amended
accordingly.
The Court so decides.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94453 APPEAL DECISION NO. AD8294
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
NAVAN URBAN DISTRICT COUNCIL
AND
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Appeal by the Union against Rights Commissioner's
Recommendation No. ST159/94.
BACKGROUND:
2. The worker concerned was employed as a temporary seasonal
worker on the outdoor staff in 1991, 1992 and 1993. In
November, 1993 he was placed on customary lay-off and
expected to be recalled to work in 1994. When the Council
did recall workers from lay-off in 1994 a more junior
employee to the worker concerned was recalled. The Union
claimed that the worker concerned was unfairly treated.
Management rejected the claim. The dispute was referred to a
Rights Commissioner for investigation and recommendation.
The Rights Commissioner investigated the dispute on the 20th
June, 1994. In his findings the Rights Commissioner stated
"...... the Council has a genuine concern in relation to the
claimant's attendance on Mondays and Fridays ...........
however, dis-employment is not a fair remedy when the Council
never warned the claimant".
On the 15th July, 1994 the Rights Commissioner issued his
recommendation as follows:-
"I recommend that the claimant is jobbed this season on a
shared basis with the man who replaced him and that the
period involved is used as a period of probation. The
Council can then decide whether it requires his service
in the future after the completion of the probation".
On the 22nd August, 1994 the Union appealed the
recommendation to the Labour Court under Section 13(9) of the
Industrial Relations Act, 1969. The Court heard the appeal
on the 4th November, 1994.
UNION'S ARGUMENTS:
3. 1. The worker concerned has a good disciplinary free work
record over the past three seasons. When placing him on
lay-off the Council expressed the hope to re-employ the
worker in 1994, yet when work became available the
Council employed more junior workers to the employee
concerned.
2. The Rights Commissioner's recommendation does not deal
with crediting the claimant with his previous years of
service, following a successful probationary period.
3. Had be been employed in order of his service the worker
would now have had the opportunity of 42 weeks work.
COUNCIL'S ARGUMENTS:
4. 1. The Council is obliged to take back the most suitable
and experienced workers for full-time positions or
short-term casual vacancies. The request to re-employ
the recalled worker came from the Town Engineer
following consultation with the Town Foreman.
2. The worker concerned was unsatisfactory in relation to
his work attendance and also the manner in which he
decided to take his annual leave. On a number of
occasions (usually on Monday) he took a day's leave. As
the worker was a temporary employee, taken on solely to
relieve permanent staff, his approach was self-defeating
and not to the Council's advantage.
3. The Council proposes to hold interviews for all posts
both permanent and temporary in the future.
DECISION:
The Court having considered the submissions of the parties decides
as follows:-
1. That an equitable system of recall for casual staff be agreed
between the parties, and that the new system be brought into
operation for the 1995 season.
2. That the claimant be given favourable consideration for
recall under the new system in 1995 for any temporary work
which may become available.
The Recommendation of the Rights Commissioner is to be amended
accordingly.
The Court so decides.
~
Signed on behalf of the Labour Court
7th December, 1994 Tom McGrath
T.O'D./M.M. _______________
Deputy Chairman