FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : ASTELLAS IRELAND LTD (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Filling Of Permanent Positions
BACKGROUND:
2. The issue before the Court concerns the selection process to fill 2 permanent positions with the Company from a pool of workers on fixed-term and specific purpose contracts. In 2009 the employment of two permanent employees was terminated. In June, 2010 the Company advertised the 2 vacancies and that they would be filled in accordance with Company policy. The Union are seeking to have these positions filled on a seniority basis from among temporary staff. The Company's position is that the vacancies should be filled by the best person as determined through interview and assessment.
The dispute was not 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 matter was referred to the Labour Court on 19th May, 2011 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on 23rd September 2011, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1 A selection process takes place when a worker is originally recruited to the Company.
2 Workers are appraised by Management on an annual basis and if they are appointed on seniority would also have completed their probationary period.
COMPANY'S ARGUMENTS:
4. 1 It is the Company's position that in accordance with the recruitment policy all positions both permanent and temporary will be filled following an interview process. It is the Company's policy to always seek the most suitable candidate to fill any vacancy which may arise.
2 Merit based recruitment is essential in supporting a company culture of continuous improvement.
RECOMMENDATION:
The matter before the Court concerns the Union’s claim on behalf of employees employed on temporary contracts with the Company and concerns the filling of two permanent positions. The Union sought to have the positions filled on a seniority basis without the requirement for a competition. It submitted that permanent status should be conferred on those employees who have already completed an assessment and probation for their temporary positions. The Company on the other hand, sought to fill the positions by means of a competency based selection process, having regard to seniority.
The Court notes that in an effort to resolve this dispute the Company put forward a broad outline of the selection process assessment criteria for the positions involved. The Court recommends that the Company should elaborate on the assessment criteria presented to the Court and should consult with the Union on the final criteria decided upon.
The Court also notes that the Company intends to incorporate an appeals procedure as part of the selection process.
The Court further recommends that the two vacant permanent posts should be filled by competition based on the competency based selection process, reflecting the final criteria decided upon, with length of service as a deciding factor only in the event of all other criteria being equal.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
7th October, 2011______________________
DNDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to David P Noonan, Court Secretary.