Labour Court Database __________________________________________________________________________________ File Number: CD9583 Case Number: LCR14820 Section / Act: S20(1) Parties: CAVAN COUNTY COUNCIL - and - A WORKER |
Employment with the Council.
Recommendation:
The Court notes that the hearing of this dispute was arranged on
three occasions. The claimant failed to appear and on two
occasions submitted excuses. He failed to appear on the final
date of the hearing.
Having considered the claimant's written statement and the
Council's written and oral statements the Court is satisfied that
there is no basis for the appellant's claim and accordingly does
not recommend in his favour.
Division: Ms Owens Mr Pierce Mr Rorke
Text of Document__________________________________________________________________
CD9583 RECOMMENDATION NO. LCR14820
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES:
CAVAN COUNTY COUNCIL
AND
A WORKER
SUBJECT:
1. Employment with the Council.
BACKGROUND:
2. The worker concerned was employed by the Council as a general
operative from 16th July, 1979 to 1st August, 1980 and for 14
weeks in 1982. In the period 29th March, 1986 to 3rd
January, 1987 he was employed by the Council under the terms
of the Social Employment Scheme.
The worker claims that the Council treated him unfairly by
its failure to consider him for re-employment when suitable
vacancies arose and that he had paid superannuation during
the period of his employment in 1979/1980. It was his
understanding that temporary workers who paid superannuation
would be considered for re-employment as and when vacancies
arose. The Council rejects the worker's claim.
The worker referred the matter to the Labour Court on 26th
November, 1992 under Section 20(1) of the Industrial
Relations Act, 1969 and agreed to be bound by the Court's
Recommendation. A Labour Court hearing took place in Cavan
on 20th June, 1995. The worker did not attend the hearing.
Two previous hearings arranged to investigate the matter were
postponed, due to the non appearance of the worker at the
hearing.
COUNCIL'S ARGUMENTS:
3. 1. The Council did have an understanding with the Union
that as far as possible former temporary employees who
had paid superannuation contributions would be
considered for re-employment as and when vacancies
arose. This could only be on the basis that there would
not be an unduly long lapse of time between the periods
of temporary employment. In the claimant's case a
period of 10 years has elapsed since his previous period
of employment.
2. The claimant did not apply formally for employment until
January, 1992 and in response he was sent the standard
Curriculum Vitae form for completion. This form which
was completed and returned on 21st January, 1992
contains an acknowledgement by the applicant that it
cannot be taken as a commitment by the Council to offer
employment.
3. Because of the financial constraints affecting local
authorities in recent years, it has not been possible to
recruit additional road workers. Replacements arising
from natural wastage can only be done in very limited
cases.
4. The claimant does not have any valid claim or
entitlement to employment. The Council reserves the
right to employ suitable workers as and when the
occasion arises.
RECOMMENDATION:
The Court notes that the hearing of this dispute was arranged on
three occasions. The claimant failed to appear and on two
occasions submitted excuses. He failed to appear on the final
date of the hearing.
Having considered the claimant's written statement and the
Council's written and oral statements the Court is satisfied that
there is no basis for the appellant's claim and accordingly does
not recommend in his favour.
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Signed on behalf of the Labour Court
12th July, 1995 Evelyn Owens
F.B./D.T. ____________
Chairman
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Fran Brennan, Court Secretary.