FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : UNIVERSITY COLLEGE CORK - AND - IRISH FEDERATION OF UNIVERSITY TEACHERS DIVISION : Chairman: Mr Hayes Employer Member: Mr Murphy Worker Member: Mr Shanahan |
1. Claimed attempt to impose unfair library staff transfer.
BACKGROUND:
2. This dispute arose from the filling of a vacancy through redeployment. This 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 4th April, 2014, in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 10th September, 2014 and 11th February, 2015. Additional information was requested from both parties regarding qualification requirements set out in earlier advertisements for appointment to the disputed post. The parties subsequently submitted copies of earlier advertisements to the Court.
UNION'S ARGUMENTS:
3 1 The timeline for expressions of interest was too short.
2 Due process was not followed in that no interviews were held.
3 The filling of a professional post by a non-professional grade has set an unacceptable precedent.
EMPLOYER'S ARGUMENTS:
4 1 The Employer had no option but to fill the vacancy through redeployment.
2 Expressions of interest were sought and only one suitable person expressed an interest.
3. The Employer acted in compliance with the Public Service Agreement.
RECOMMENDATION:
Having given careful consideration to the extensive written and oral submissions of both parties to this dispute and having taken into account the additional information supplied by the parties at its request, the Court finds that he possession of a law degree was never a requirement for appointment to a professional post in the law section of the library.
Accordingly, and taking into account the flexibility provisions of the Public Service Agreement 2010 -2014 as amended, the Court does not recommend concession of the Union’s claim.
The Court so recommends
Signed on behalf of the Labour Court
Brendan Hayes
7th July, 2015______________________
JMcCDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Jonathan McCabe, Court Secretary.