FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SLIGO COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY RICHARD GROGAN & ASSOCIATES) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Staff Officer Position
BACKGROUND:
2. This case concerns a dispute between the worker and her employer in relation to regularisation of acting in a higher grade. The worker is seeking that she be permanently appointed to the higher grade on the basis of the length of time she has been acting in that grade. Management's position is that the claim is cost increasing and is precluded under the terms of the relevant Public Service Agreements. Management further contends that the matter is the subject of national discussions with the relevant Unions and will be concluded within that process.
On the 9th December 2014 the worker 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 17th February 2015.
WORKER'S ARGUMENT:
3 1The worker has been acting in the higher grade for eight years and is seeking regularisation in the post. It is unfair that the worker has effectively held a position for a significant number of years yet now has to possibly compete through confined competition to continue carrying out the role on a permanent basis.
COMPANY'S ARGUMENT:
4 1 Management is in discussion with the Department of Environment Community and Local Government in relation to the permanency of the post. If the post is made permanent it will be filled through confined competition. There is genuine sympathy for all workers who are in acting situations but management must operate within agreed procedures.
RECOMMENDATION:
The matter before the Court was brought under Section 20(1) of the Industrial Relations Act 1969 and concerns a claim for regularisation of the Claimant’s long term acting post. The Claimant was appointed Acting Staff Officer on 27thNovember 2006, initially filling in for a career break vacancy and after two years she was covering for a person acting up at a higher level. She continues to the present day in an Acting Staff Officer position.
Management submitted that this claim was cost increasing and accordingly debarred by the terms of the Public Service Agreement 2010-2014 (the Croke Park Agreement) and the Public Service Stability Agreement (2013 -2016) (the Haddington Road Agreement). It informed the Court that the issue of long term acting is being dealt with on an agreed basis with Unions nationally, the authority for which is derived from the above public sector agreements.
Having considered the submissions of both parties the Court notes that a business case has been submitted by Management to the Department of Environment, Community and Local Government as part of its workforce planning exercise designed to review acting positions locally, this includes a proposal to retain the Claimant’s role on an ongoing basis. Management await the outcome of this proposal.
Nevertheless, the Court is bound by the terms of the public sector agreements and as the claim before is cost increasing it cannot be processed under the terms of the agreements. Accordingly, the Court cannot recommend in favour of the claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
18th March 2015______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.