FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY COUNCIL - AND - SIPTU (LAPO) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Filling of Executive Manager Engineering vacancy in Drainage Services.
BACKGROUND:
2. The issue before the Court is concerning the method in which a vacancy for an Executive Manager (Engineering) in Drainage Services was filled by the Council. During July 2008 the post became vacant and was filled on an acting basis. The Union argue that the post ought to be filled from a panel created through a competition. Management say that the post is the subject of continuing review given the Council's exit from Waste Management Service in 2012. The Union argue that the two posts of Head of Waste Management Services and the Drainage Division require different qualifications and experience.
The dispute could not be 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 dispute was referred to the Labour Court on the 8th February 2013, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 24th May, 2013.
UNION'S ARGUMENTS:
3. 1. The Union does not accept that the two post are interchangeable despite the fact that they are at the same pay scale.The reassignment should be reversed and the post filled from the PAS appointed panel. Alternatively if this is not to happen the post should be at least be made permanent.
2. It is accepted that both posts have similar qualifications requirements but are not identical.
COUNCIL'S ARGUMENTS:
4. 1. The post was filled in a manner in keeping with the statutory authority of the City Manager in relation to staffing matters as set out in the Local Government Act 2001.
2. The Council's exit from Waste Management Service is a key factor in filling the post on an acting basis.
3. Both posts require the same qualification and are at the same grade level (EME), are in the same department and report to the same Assistant City Manager.
RECOMMENDATION:
The Court does not see any justifiable basis upon which it could recommend that the filling of the vacancy in issue by way of lateral transfer be reversed.
The Court does, however, recommend that the Council continue to review the position in relation to the post currently filled on an acting basis. If it becomes apparent that there will be a continuing need for this function the Council should take the necessary steps to fill the post on a permanent basis through the normal processes for the filling of permanent posts at that level.
Signed on behalf of the Labour Court
Kevin Duffy
20th June, 2013______________________
JFChairman
NOTE
Enquiries concerning this Recommendation should be addressed to John Foley, Court Secretary.