FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : FAS - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr O'Neill |
1. Promotion procedure.
BACKGROUND:
2. In February, 1997 a vacancy for the post of Senior Research Officer Grade 7 was advertised internally throughout FAS. Interviews were held but no appointment was made as a result of the competition. In June, 1997 Management advised the Union that it proposed to re-advertise the vacancy externally and internally and to hold a new competition. The Union objected to the proposal and stated that the Company was in breach of the promotions procedure. The Union claimed that the original panel should be reconvened and that the appointment be made from among the original candidates. This was unacceptable to FAS.
The dispute was referred to the Labour Relations Commission and a conciliation conference was held on the 27th of November, 1997. Agreement could not be reached and the dispute was referred to the Labour Court by the Labour Relations Commission on the 15th of February, 1998. A Court hearing was held on the 7th of May 1998.
UNION'S ARGUMENTS:
3. 1. The post was advertised internally contrary to the promotions procedure. However, the inference to be drawn from this is that Management were of the view that there were sufficient numbers of talented workers within FAS who would apply for this post to fill it internally.
2. The candidates who applied were of the highest calibre and motivation. Two of the applicants have held the post on an 'acting appointment' for various periods (details supplied to the Court). The Acting Appointments Policy states "In nominating a person to carry out the duties of the post the immediate supervisor will have regard for the need to have the duties carried out effectively, while presenting a development opportunity for the individual concerned." Neither of these workers were considered suitable to go forward for a second interview for the vacant post. During their periods of 'Acting Up' neither of them were advised of any shortcomings they may have had in the performance of the duties attached to the post by their immediate supervisor. That same supervisor was the line manager who was part of the interview panel for this competition.
3. Staff members are encouraged to take up staff development and set out their own development needs to enhance their promotional opportunities. These workers are highly qualified, very experienced and well motivated. Most have operated at Grade 7 level for periods of their careers in FAS. To have such a group rejected at the first interview, and for not one from the competition to go on and fill the vacant post, is tantamount to stating that none of them are Grade 7 material.
4. Management should re-consider the eight applicants, draw up a short-list, and conduct second round interviews from which the vacant Grade 7 post should be filled.
COMPANY'S ARGUMENTS:
4. 1. When the interview panel did not recommend taking any of the applicants to the next stage it was decided not to proceed further with the competition. Management decided that the vacancy should be re-advertised internally and externally as provided for under Point 2 of the Promotions Procedure.
2. Over the years FAS has operated the promotions procedure in a reasonable and pragmatic manner advertising and filling vacancies from internal competitions whenever possible. However, when it advertised a vacancy internally only and was unable to make an appointment from the resultant competition, Management saw no reason why it could not then re-advertise the vacancy externally and internally.
3. Over the past number of years occasions have arisen where vacancies at this level were re-advertised externally and internally when an internal competition did not result in an appointment being made. In none of these cases did the Union object.
4. Section 4 of the Procedures recognises this facility in respect of certain other grades when it states "other vacancies will be advertised externally in the event of a competition failing to provide a suitable candidate".
5. It is FAS policy in so far as it is practical to promote from within and this is very beneficial to staff. However, it must retain the facility to seek external candidates for a post at this level. Management cannot accede to the Union's claim that an appointment be made form the original competition.
RECOMMENDATION:
Having considered the written and oral submissions the Court is satisfied that Management did not apply the agreed procedure for advertising these grade of posts. However, the Court is also satisfied that this is not the first occasion on which this has happened and that the practice of advertising internally only, initially, was to the advantage of FAS employees.
It is accepted by the Union that had the post been advertised as per the procedure internally and externally, and had the outsider been appointed, the Union would have had no case.
The Court would be concerned that a rigid application of the advertising procedure might not be in the interest of the employees.
However, taking into account the situation that has arisen, the Court recommends that in future the procedures as laid down, internal and external advertising, be followed unless agreement is reached between the parties on an alternative system.
The Court does not accept the argument that the non-selection of any one of the applicants for this post implies they are not suitable for Grade 7 jobs, indeed one has been appointed to such a post.
The Court having considered all aspects of this case recommends that the post be advertised internally and externally and that those previously interviewed be eligible to apply.
Signed on behalf of the Labour Court
Finbarr Flood
14th May, 1998______________________
T.O'D./D.T.Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Tom O'Dea, Court Secretary.