FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN CITY COUNCIL - AND - A WORKER (REPRESENTED BY TECHNICAL ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Ms Tanham |
1. An appeal of a Rights Commissioner's Recommendation r-130965-ir-13/JT.
BACKGROUND:
2. This dispute concerns the Workers' claim that he was denied an interview for a promotion. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 14th August, 2013 the Rights Commissioner issued the following Recommendation:-
- "I do not find the claim well founded and it fails."
On the 27th August, 2013 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 12th November, 2013.
3. 1. The Worker was a loyal and hardworking employee for almost 30 years.
2.The Employer was aware that the Worker was away on annual leave but was contactable on his mobile telephone.
3.The Employer should have contacted him by telephone to arrange a suitable time for interview.
EMPLOYER'S ARGUMENTS:
4. 1.The Worker was treated in a fair and reasonable manner.
2.Candidates must make themselves available for interview at a date and time set by the Employer.
3.Every request for change to interview dates and times cannot be facilitated.
DECISION:
Having considered the submissions of both parties to this dispute the Court affirms the Decision of the Rights Commissioner and decides accordingly.
Signed on behalf of the Labour Court
Brendan Hayes
25th November 2013.______________________
CO'RDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Clodagh O'Reilly, Court Secretary.