FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY CITY COUNCIL (REPRESENTED BY LGMSB) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Recommendation of a Rights Commissioner R-114346-Ir-11/MH.
BACKGROUND:
2. The case concerns an appeal by the Union of Rights Commissioner's Recommendation No: r-114346-ir-11/ MH. The issue concerns the procedures used by Management in filling a Ganger post in Galway City Council. The Union's position is that Management filled the vacancy by placing another General Operative in the role in an acting capacity, instead of holding an open and transparent competition for the post.
The matter was referred to a Rights Commissioner. His recommendation issued on the 19th April, 2012, and did not find in favour of the worker in relation to the grievance. In relation to the Ganger position, the Rights Commissioner found that the City Council had followed its procedures during the short term filling of the post. Subsequently, however, when the period of acting up exceeded 26 weeks, the Rights Commissioner recommended that the vacancy be advertised within two weeks of the date of his Recommendation.
On the 29th May, 2012, the Union (on behalf of the worker) appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act 1969.
A Labour Court hearing took place on the 14th November 2012.
UNION'S ARGUMENTS:
3. 1. The City Council appointed a General Operative to the Ganger position on the acting up capacity without taking into consideration the seniority, suitability or experience of the worker in this case as is provided for in the Council's own procedures.
2. Management failed to follow its own procedures in relation to the filling of the vacancy. A competition should have been held and staff should have been given the opportunity to apply for the position.
EMPLOYER'S ARGUMENT:
4. 1. Management applied its procedures for filling the short term acting up position. The worker did not have an automatic entitlement to the acting up role. In any event he is in receipt of an allowance far greater than would have been paid during a period of acting up so there has been no financial loss or less favourable treatment.
DECISION:
Having regard to all the circumstances of the case the Court is satisfied that the conclusions reached by the Rights Commissioner were reasonable and that his recommendation is appropriate.
Accordingly the appeal is disallowed and the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
5th December, 2012.______________________
AH.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.