FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LEGAL AID BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Access to promotional positions.
BACKGROUND:
2. The Board was established on an administrative basis in 1979 to provide civil legal aid and advice service. The terms of the Civil Legal Aid Act, 1995, came into effect in 1996 which provides for staff of the Board to be either Civil Servants or Public Servants. The Board currently employs approximately 280 staff of which 190 are Civil Servants and 90 are Solicitors (Public Servants).
In 1998, the Board received sanction from the Department of Finance to fill three posts. Only Civil Servants were eligible to apply. The dispute before the Court concerns a claim by the Union on behalf of its members that the solicitors within the Board be eligible for competitions. The present method of filling posts is unacceptable.
The issue could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission held on the 29th of April, 1999. 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 15th of July, 1999.
UNION'S ARGUMENTS:
1. Public Servants within the Board are fully qualified and have the legal knowledge and experience for the posts advertised but are denied access. Civil Servants are eligible to apply but many of them may have no legal knowledge.
2. The present method used to fill posts is unacceptable and should be changed. All employees should be eligible to apply for promotional posts within the Board.
BOARD'S ARGUMENTS:
1. The Statutory and Civil Service Association agreements prevented access to the advertised posts for solicitors. The Board sought sanction that one of the posts be advertised publicly but was refused.
2. The Board has dealt with this issue in an open and appropriate way and rejects the Union's claim.
RECOMMENDATION:
The Court has given careful consideration to the oral and written submissions of the parties. The Court is constrained in this case due to the factors involved, many of which are inappropriate for the Court to rule on.
However, the Court is strongly of the view that the impediment to promotion for solicitor grades in the Legal Aid Board is an unfair employment practice and needs to be addressed. The Court recommends that arrangements should be made by all the parties involved to try and resolve the situation, by eradicating this unfair practice.
Signed on behalf of the Labour Court
Caroline Jenkinson
17th August, 1999______________________
GB/BCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.