FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : NUI GALWAY (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Mr O'Neill |
1. Recruitment Procedures and filling of Grade 5 (Deputy Records/ Registration Officer) Post
BACKGROUND:
2. This case concerns a dispute between SIPTU and the National University of Ireland Galway (NUIG) in relation to the appropriate procedures for the filling of administrative posts within the University. The dispute centres on a requirement of management for staff to be proficient in the Irish Language prior to being shortlisted for interview.
The Union's claim is that previous procedures should continue which allowed staff, who were otherwise found suitable for a position, to receive the appropriate language training while in their probationary period in the new post. Management rejects this claim on the basis of an agreement concluded between the parties in 2007. The parties are also in dispute in relation to this issue as it pertains to a claimant who applied for a Grade 5 Deputy Records/ Registration Officer Post in 2008.
Managment contend that the provisions of this application were covered by the agreement of 2007 and the proficiency in Irish prior to shortlisting was a requirement of the competition. The Union's position is that the previous situation should continue as the worker had applied for the post and had been interviewed prior to having her proficiency in Irish tested.
The issues were not agreed at local level and were the subject of a conciliation conference under the auspices of the Labour Relations Commission. As agreement was not reached the matter was referred to the Labour Court on 12th January, 2009 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 10th March, 2010 in Galway.
UNION'S ARGUMENTS:
3 1 The custom and practice to date has been to allow administration staff to take the Irish Language proficiency test during the probatinary period of a new position. This is an appropriate method of attaining the required standard. If staff are required to prove proficiency before being shortlisted for interview, they are placed at a disadvantage despite being otherwise suitable to the post.
2 The worker to whom the specific application refers, applied for the position ofGrade 5 Deputy Records/ Registration Officer and was interviewed prior to having her Irish proficiency tested. This indicates that although applying after the agreement of 2007, her application and management's response was based on the old system. In such circumstances, it is unreasonable to apply the new rules regarding taking the proficiency test.
COMPANY'S ARGUMENTS:
4 1 An Agreement concluded between the parties in 2007 allowed for changes to the recruitment practices with regard to the Irish Proficiency test. It is not feasible to appoint someone to a position to which they do not meet the required standard.
2 There have been many appointments under the new system. Despite the error regarding the specific job application, the Union were aware that the new system was in operation.
RECOMMENDATION:
There are two issues before the Court concerning the procedures for the recruitment/filling of vacancies of administrative staff posts in the University and in particular the filling of a Grade 5 Deputy Records and Registration Officer post.
•Procedures for the recruitment/filling of vacancies of administrative staff posts.
The University submit that the newly agreed procedures for the recruitment/filling of administrative staff posts require the applicant to pass an Irish Language competency test before being shortlisted for interview.
The Union submit that until staff are afforded reasonable access to Irish Language training then the “fall back” arrangements which applied in the previous recruitment/filling of vacancies procedure should apply.
The “fall back” arrangements allowed a candidate found suitable for a position/promotion yet having failed the Irish Language Competency Test, to undertake the Test a second time within the new probationary period.
The Court has considered the position of both sides and is satisfied that an agreement on the new arrangements for the recruitment/filling of vacancies of administrative staff posts was finalised and completed between the parties on 20th December 2007 and must apply from that date. However, the Court is of the view that the Union’s concerns regarding the adequacy of Irish Language Training available to staff must be given further consideration by the University. Therefore, the Court recommends that both sides should meet to review the level of Irish Language Training available which varies according to the level of administrative staff posts requirements, to determine whether it has the capacity to meet the level of competency required.
•Filling of a Grade 5 Deputy Records and Registration Officer post
The Court has given careful consideration to the claim regarding the claimant’s application to fill the Grade 5 Deputy Records and Registration Officer post advertised in June 2008. While the University maintained that this post fell within the newly agreed procedures and therefore the claimant was required to pass the Irish Language Competency Test before shortlisted for interview, the Court is satisfied that there is no evidence to show that she was aware of that fact at the time.
The Court reached this conclusion on the basis of the following:
•The job application form contained a section referring to the Examination In Irish, this stated“…pending the finalisation in the near future of the details of implementation of the revised statutory arrangements flowing from the 2006 amendment, existing policy and procedures will continue to apply to appointments to these grades.”
•As part of her application process, the claimant sought“any update on the Irish Exam as I would like to know what format it will be in so that I can prepare.”In response Management informed her that the“Irish Exam is mandatory for the post.”and would take placeafterthe interview.
•There is no evidence to show that staff in the University were communicated with in relation to the newly agreed procedures by the time this selection process took place.
•Management did not clarify that the section included with the job application form was given in error. While the Court accepts that Management informed her that the Irish Exam was mandatory, it did not clarify that it was under the newly agreed arrangements. Furthermore, by holding the interview first and informing her that she had been successful before conducting the Irish Exam was in accordance with the old procedures, not the newly agreed ones.
Accordingly, the Court recommends that the claimant should be given a second opportunity to undertake the Irish Language Competency Test and if found suitable she should be placed on Grade 5 with immediate effect.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
29th March 2010______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.