FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUBLIN CITY COUNCIL - AND - A WORKER (REPRESENTED BY TECHNICAL, ENGINEERING AND ELECTRICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Cryan Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner's Recommendation r-152100-ir-14/JT.
BACKGROUND:
2. This dispute concerns the Worker's claim that he was unfairly demoted from Clerk of Works - a position he held for eight years - to Craftsman Gardener. This dispute was referred to a Rights Commissioner for investigation and recommendation. On the 15th July, 2015 the Rights Commissioner issued the following Recommendation:-
- "The [Employer], by their action of moving the [Worker] from wages to salaried staff, created a legitimate expectation ... I therefore find his claim well-founded and recommend that he retain the terms and remuneration of Senior Staff Officer."
On the 6th August, 2015 the Employer appealed the Rights Commissioner's Recommendation to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 1st October, 2015.
UNION'S ARGUMENTS:
3. 1. The Worker is a loyal and respected member of Dublin City Council's staff.
2.The Employer's unilateral decision to demote the Worker has caused him considerable upset and financial loss.
3.The Worker should be restored to his Clerk of Works position.
EMPLOYER'S ARGUMENTS:
4. 1.Prior to taking up a temporary appointment with Ballymun Regeneration Limited, it was clearly explained to the Worker that he would revert to his substantive grade on his return to Dublin City Council.
2.The Worker returned to his substantive with Dublin City Council when Ballymun Regeneration Limited was wound down.
3.Concession of this claim would have serious implications for both the Employer and the wider public sector.
DECISION:
The conditions under which the Claimant was employed in the post of Clerk of Works were set out in clear and unambiguous terms in his letter of appointment dated 31stOctober 2006. That letter made it clear that the post was temporary and that on its expiry he would revert to Dublin City Council at his substantive grade of Craft Gardener. The Claimant accepted this appointment on the terms offered.
In the Court’s view the subsequent events relied upon by the Union could not offset or supplant the clear terms under which the temporary appointment was offered and accepted.
In these circumstances the Court has reached the conclusion that the recommendation of the Rights Commissioner cannot stand.
Accordingly, the Court must allow the Council’s appeal and the recommendation of the Rights Commissioner is set aside.
Signed on behalf of the Labour Court
Kevin Duffy
2nd October, 2015______________________
JMcCChairman
NOTE
Enquiries concerning this Decision should be addressed to Jonathan McCabe, Court Secretary.