FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : AER LINGUS - AND - IRISH MUNICIPAL, PUBLIC AND CIVIL TRADE UNION DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Ni Mhurchu |
1. Appointments to Senior Cabin Crew
BACKGROUND:
2. This case concerns a dispute between the Company and Union in relation to the promotion of 17 Cabin Crew members to Senior Cabin Crew. Although the workers have now accepted the Senior Cabin Crew role the Union is seeking that for future promotional purposes they be regarded as having two years experience on the basis that the competition form which they were eventually offered posts was flawed. Management accepts that there were issues with the competition for promotion which began in 2010 insofar as some staff were appointed to the senior posts prior to the conclusion of the process. It claims that this was necessary due to the immediate need to fill the posts at the time.
On the 4th March 2013, the Union referred the matter to the Labour Court in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 12th April, 2013.
UNION'S ARGUMENT:
3 1 The workers in this case were treated unfairly during the competitive process for promotion. Notwithstanding the fact that they have now accepted the Senior Cabin Crew role, they have effectively missed out on two years experience at the senior grade which will undoubtedly effect them in future promotional opportunities. They should, therefore, be regarded as having two years notional experience for future promotional posts.
COMPANY'S ARGUMENT:
4 1 The Company acted at all times in line with its promotional policies. The previous incidents of premature appointments to the Senior Cabin Crew grade occurred as a result of an immediate need on the business to fill the posts at that time.
RECOMMENDATION:
The matter before the Court brought under Section 20(1) of the Industrial Relations Act, 1969 concerns a claim on behalf of seventeen Claimants for appointment to Senior Cabin Crew positions. The Union submitted the claim as it contended that a competition for such positions which commenced in June 2010 contained a number of irregularities.
Management accepted that the appointment of some individuals to Senior Cabin Crew positions ahead of the whole process being completed, which arose due to an urgent need to fill such vacancies, is to be avoided in future campaigns. While the panel for Senior Cabin Crew positions including the seventeen Claimants, closed in July 2012, in an effort to address the difficulties raised by the Union, management reopened the panel in 2013 and offered each Claimant a Senior Cabin Crew role. All have accepted and are awaiting the necessary training before they can be appointed. Accordingly, the claim before the Court has been addressed.
Due to the difficulties encountered with the selection process, the Union also claimed that the Claimants should be deemed to have two years’ service as Senior Cabin Crew for the purposes of eligibility for future promotions. Although this is a new element to the claim, Management indicated that it was prepared to allow the Court to consider this issue.
Having considered the submissions of both parties the Court notes that some aspects of the selection process caused confusion and difficulties for the candidates who are the subject of this claim. Therefore, the Court recommends that the Claimants should be provided with the necessary training and confirmed in their positions as Senior Cabin Crew as soon as possible. Furthermore, the Court recommends that for the purposes of eligibility for application for promotional posts and for that purpose only, the notional date of service for the Claimants involved should be deemed to commence from 1stJuly 2012, the date when the second cohort of candidates were appointed as Senior Cabin Crew.
Finally the Court notes that based on the experiences gained in this selection process, some aspects of the process will be treated differently in the future.
The Court so recommends.
Signed on behalf of the Labour Court
Caroline Jenkinson
27th May 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.