FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : LEITRIM COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Regularisation of employment
BACKGROUND:
2. The claim before the Court today concerns a claim by IMPACT that two former temporary employees of Leitrim County Council be granted a conversion competition so they can gain permanent employment within the Council
The two employees concerned were employed at clerical officer level within the council for varying periods, between 5 and 6 years. Their contracts expired on 30th December 2002 and were not renewed as Leitrim County Council has achieved its full compliment of Clerical Officers.
The dispute could not be resolved at local level and was the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 6th February, 2003, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 6th March, 2003.
UNION'S ARGUMENTS:
3. 1. The two employees commenced employment with Leitrim County Council in Mid 1997 as temporary Clerical Officers. Both individuals have an aggregate in excess of 5 years and eight months continuous service and by virtue of that length of unbroken services they are entitled to permanent employment as Clerical Officers with the Council.
2. From December 2000 the Union was in negotiations with the County Manager with respect to a package of benefits for members under Better Local Government (BLG). As part of those negotiations the Union sought an agreement to regularize the employment status of the two employees concerned. The Council was unwilling to concede this as part of the BLG package.
3. The Labour Court has consistently found in favour of similar claims on behalf of long term temporary workers in the Public Sector, some examples - LCR 15074, LCR 14986 and LCR 17200.
4. In June 2000 Donegal County Council had in its employment 44 Clerical Officers with temporary service in excess of two years. Following consultation with IMPACT the Council agreed to the establishment of a conversion competition for their regularisation which resulted in all 44 individuals securing permanent employment.
5. The continued issuing of back to back contracts to the claimants, establishes a legitimate expectation of regular employment for them. Continued employment in a temporary capacity has denied them security of tenure, access to the promotional structure within the administration stream in Leitrim County Council and the employers pension scheme
6. EU Directive 1999/70/EC (framework agreement on fixed-term work), which provides for the establishment of a framework to prevent abuse arising from the use of successive fixed-term employment contracts or relationships, should be taken into account.
COUNTY COUNCIL'S ARGUMENTS:
4.1. The contracts for the two employees concerned were not renewed as Leitrim County Council had filled its full complement of Clerical Officers. All future vacancies would be filled from panels set up following an interview process.
2. The Local Government (Appointment of Officers) Regulations, 1974 as amended provide for the recruitment of staff in the Local Authority sector. These regulations require that all appointments be made following selection by means of interview and prescribe the procedures by which candidates are selected and appointed. The qualifications and particulars of office for all posts in Local Authorities are determined by the Department of Environment and Local Government. Any change in or departure from existing method of recruitment is a national issue and cannot be dealt with at a local level.
3. If Leitrim County Council acceded to this demand it would leave other local authorities open to similar demands to fill vacancies by way of confined competitions.
4. Leitrim County Council is an equal opportunities employer and must ensure that all eligible candidates are afforded access to competitions. The two individuals involved are already on a panel for permanent appointment and will be offered permanent employment if and when the Council reaches their position on the panel.
5. Leitrim County Council confirmed that there would be no change in the position and they would not agree to any proposals for permanent status for long term temporary Clerical Officers.
RECOMMENDATION:
The Court has considered the position of both sides to this dispute. The Court is of the view that management did not act reasonably by terminating the contract of the claimants while the matter was still in procedures.
The Court is being asked to treat the claimants in a preferential way and not in line with the agreed arrangements for those who have been placed on panels within the County Council. In all the circumstances of this case, the Court is of the view that a "conversion competition" for the former temporary employees is not appropriate and accordingly does not recommend in favour of the Unions claim that the claimants be
placed in permanent positions.
However, as management have clearly stated that the termination of the contracts was due to redundancy reasons the Court is of the view that appropriate severance arrangements should be put in place for the two claimants.
Signed on behalf of the Labour Court
Caroline Jenkinson
25th March 2003______________________
JBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.