FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CLARE COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY) - AND - A WORKER (REPRESENTED BY PAUL HUTCHINSON, B.L., INSTRUCTED BY SEAN ORMONDE & CO, SOLICITORS) DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr McCarthy |
1. Appeal Of Rights Commissioner's Recommendations r-113347-ir-11 & r-132904-ir-13.
BACKGROUND:
2. This dispute arose from the manner in which the Employer filled the post of Health and Safety Officer. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 5th December, 2013 the Rights Commissioner issued the following Recommendation:-
- "I recommend concession of [the Worker's] claim in full with appropriate backdating."
On the 19th December, 2013 the Employee appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. Labour Court hearings took place in Limerick on the 18th April, 2013 and on the 30th April, 2014 and in Dublin on the 6th October, 2014.
3. 1. The Worker lodged a formal grievance regarding the holding of the recruitment competition.
2.The Employer's decision to proceed with this competition was, accordingly, flawed.
3.The Employer denied the Worker due process.
EMPLOYER'S ARGUMENTS:
4. 1.It has never been the practice to appoint employees into new positions without competition.
2.The Employer conducted a fair and transparent recruitment process.
3.Concession of this claim would undermine current sectoral agreements with the Unions.
DECISION:
Having given careful consideration to the submissions of both parties to this dispute the Court finds that Management complied with the terms of the relevant Circular Letter when it advertised the vacant position of Health and Safety Officer in Clare County Council.
The Court accordingly finds against the Claimant on this point.
The Court further finds that the parties were bound by the Decision of the Labour Court AD0742 issued on the 13th August 2007. The Court accordingly finds that the Claimant is entitled to be assimilated in the normal way on to and be paid on the relevant point of the Executive Engineer Scale with effect from that date.
The Court so decides in full and final settlement of all of the issues before it.
The Court so decides.
Signed on behalf of the Labour Court
Brendan Hayes
13th July, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.