Labour Court Database __________________________________________________________________________________ File Number: CD94452 Case Number: AD9483 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. ST158/94.
Recommendation:
The Court finds that the claimant was treated in an unacceptable
manner and could reasonably have expected to have been recalled
for temporary work during the season.
The Court concurs with the finding of the Rights Commissioner and
finds it regrettable that the recommendation was not implemented
during the season.
In the circumstances the parties should, as a matter of urgency,
agree an equitable arrangement for recall of temporary staff which
is clear and unambiguous to all concerned. The agreement should
be implemented for the 1995 season.
The claimant should be given favourable consideration under the
new arrangements for any temporary employment which may arise.
The Council should pay him the sum of #250 in compensation.
The Rights Commissioner's recommendation to be amended
accordingly.
The Court so decides.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD94452 APPEAL DECISION NO. AD8394
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. ST158/94.
BACKGROUND:
2. The worker concerned was employed as a temporary seasonal
worker on the outdoor staff in 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 for the 1994 season 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. On the 15th July, 1994
the Rights Commissioner issued his recommendation as
follows:-
"I have no hesitation in recommending that the claimant
is immediately re-employed and that his service is
recognised as unbroken.
To avoid future disputes I recommend that the parties
agree a procedure for an equitable casual list for the
future".
On the 22nd August, 1994 the Union appealed the Rights
Commissioner's 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 an excellent personal and
disciplinary record during the period of employment yet
he was not recalled in the 1994 season. He has been
unfairly passed over by the Council in favour of more
junior workers.
2. The Rights Commissioner does not afford the worker
concerned any redress for the working time and wages
which he has lost this season. Had he been employed in
order of his service the worker would have had the
opportunity of 30 weeks work.
COUNCIL'S ARGUMENTS:
4. 1. The Council is obliged to take back the most suitable
workers for the full-time positions or short-term casual
vacancies. The request to re-employ the worker who was
recalled came from the Town Engineer following
consultation with the Town Foreman.
2. The claimant did not have the all-round work experience
of the employee who was recalled. The Council must
employ the most suitable and experienced workers.
3. The Council proposes to hold interviews for all posts,
both permanent and temporary, in the future.
DECISION:
The Court finds that the claimant was treated in an unacceptable
manner and could reasonably have expected to have been recalled
for temporary work during the season.
The Court concurs with the finding of the Rights Commissioner and
finds it regrettable that the recommendation was not implemented
during the season.
In the circumstances the parties should, as a matter of urgency,
agree an equitable arrangement for recall of temporary staff which
is clear and unambiguous to all concerned. The agreement should
be implemented for the 1995 season.
The claimant should be given favourable consideration under the
new arrangements for any temporary employment which may arise.
The Council should pay him the sum of #250 in compensation.
The Rights Commissioner's recommendation 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