FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NORTH TIPPERARY COUNTY COUNCIL (REPRESENTED BY LGMSB) - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash |
1. Claim that acting Revenue Collectors be treated as permanent for the purpose of filling agreed new posts.
BACKGROUND:
2. The case concerns two members of staff who have been continuously acting up as Revenue Collectors for North Tipperary County Council, one for 4 years and 10 months and the other for 6 years and 7 months. The Union believes that both staff members should be made permanent in the posts while Management feel that the posts ought to be filled on a permanent basis only after an confined competition embracing all eligible staff.
The case 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 31st March, 2009, in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 2nd March, 2010.
UNION'S ARGUMENTS
1. It is inequitable and unjust to use acting up arrangements for periods in excess of 4 years to prevent posts being filled on a permanent basis. The Employer has an obligation to regularise the positions.
2. This claim does not rely on Fixed-Term Work legislation but does make reference to the fact that another Employee with much shorter service was able to rely on those legislative provisions and was assimilated into a permanent role.
3. There is no justification for the Employer requiring the Claimants to attend for interview for what are effectively their own assignments.
EMPLOYER'S ARGUMENTS:
4 1. Agreements on rationalisation in Local Authorities took a long time to negotiate and any change from the agreed position on acting up could put the agreements in jeopardy.
2. There is no precedent within the Council for automatic appointment to a promotional post on the basis that the individual was acting up, in all cases they revert to their substantive posts.
RECOMMENDATION:
The Court notes that there is no agreed or established limitation on the length of time during which a post can be filled in an acting capacity in either this or any other Local Authority. Furthermore, the Court accepts that in this case there are reasons which both explain and justify the delay in filling the posts in issue on a permanent basis.
Having regard to all the circumstances of this case the Court does not accept that a justifiable basis exists upon which it could recommend concession of the Union's claim. Accordingly, the Court recommends that the Union accepts the Local Authority's proposal to fill the two posts in issue by confined competition.
Signed on behalf of the Labour Court
Kevin Duffy
26th March, 2010______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.