FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GALWAY CITIZENS INFORMATION SERVICE (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - 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 Rights Commissioner's Recommendation r-110664-ir-11.
BACKGROUND:
2. This dispute concerns the Worker's claim that she was unfairly denied promotion. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 19th January, 2012 the Rights Commissioner issued the following Recommendation:-
- "I am not in a position to make a recommendation which would alter the situation in any material way from the [Worker's] perspective."
On the 6th February, 2012 the Worker appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 13th June, 2012.UNION'S ARGUMENTS:
3. 1. The Worker had been doing the work of Information Officer for several years.
2.The Worker was obviously the best person to be appointed Information Officer.
3.The Employer failed to take into account the Worker's experience, skills and competencies.
EMPLOYER'S ARGUMENTS:
4. 1.The Employer was obliged to advertise this post and secure the best person for the job.
2.The Employer convened a very experienced panel to conduct the interviews.
3.The Employer is satisfied that the interview panel acted in a fair and transparent manner.
DECISION:
In disputes concerning the filling of posts the Court has consistently taken the view that in the absence of clear irregularity in the selection process or manifest irrationality in the result, the Court cannot put itself in the position of the designated decision makers so as to form a view on the relevant merit of candidates.
In this case the Court is satisfied that the process was properly conducted and that there is nothing irrational in the result. In these circumstances the Court cannot recommend concession of the Union's claim.
Signed on behalf of the Labour Court
Kevin Duffy
11th July, 2012______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.