FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : GALWAY-MAYO INSTITUTE OF TECHNOLOGY - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Flood Employer Member: Mr Keogh Worker Member: Mr Rorke |
1. Appointment to permanent positions.
BACKGROUND:
2. The Galway Institute of Technology employs a number of temporary employees in the administration area.
The dispute before the Court concerns the filling of permanent posts by open competition. The Union is seeking that a confined competition among the temporary long term employees be held to decide who should fill the permanent posts. In March, 1998, the Union raised the issue with the Institute and in April lodged a formal claim on behalf of this group. The dispute was the subject of a conciliation conference under the auspices of the Labour Relations Commission on the 8th of September, 1998.
As agreement was not reached, the dispute was referred to the Labour Court in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 21st of September, 1998.
UNION'S ARGUMENTS:
3. 1. The Institute should acknowledge the service and experience of temporary long-term staff, which would not be taken into account in an open competition.
2. Due to their length of service the staff would be competing for their own jobs.
3. The staff concerned are all female and are at the lowest level of the administration structure and would never reach senior level unless they are made permanent.
4. The Union is seeking that the Institute hold a confined competition to regularise the position of temporary long term staff.
INSTITUTE'S ARGUMENTS:
4. 1. The procedures for staff recruitment are determined by the Minister for Education and Science which insists on open competition. The Institute cannot change this without agreement with the Department.
2. Any change in the existing method of recruitment is a national issue and cannot be dealt with at local level.
3. The Institute and the Department are willing to discuss the issue in the context of a national agreement.
RECOMMENDATION:
The Court considered the written and oral submissions made by the parties.
It is clear that the current temporary staff have been recruited in different ways, some by open competition, others direct from agencies.
Having considered all the arguments made, the Court does not recommend concession of the Union claim that the posts currently available be filled by confined competition within the temporary staff and that the unsuccessful temporary staff fill any future permanent posts.
However, the Court recommends that in this particular case, the temporary staff who were on the panel after open competition and are still employed by Galway-Mayo Institute of Technology should be absorbed into the permanent posts, given that this would have happened had the posts been ratified a few months earlier.
Signed on behalf of the Labour Court
Finbarr Flood
6th October, 1998______________________
G.B./D.T.Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.