FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990 PARTIES : DUBLIN CITY COUNCIL - AND - UNION OF CONSTRUCTION, ALLIED TRADES AND TECHNICIANS DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Ms Tanham |
1. Regrading
BACKGROUND:
2. This case concerns a claim by UCATT for appointment of the worker to Grade 6 Health & Safety Oficer. The dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 4th of February 2016 in accordance with Section 26(1) of the Industrial Relations Act, 1990. A Labour Court hearing took place on the 9th of March 2016.
UNION'S ARGUMENTS:
3. 1.The Worker carries out the same duties as all other Grade 6 Health & Safety Officers and has done so for the last 9 years.
2. His position is recognised by Senior Management of his Department, and he has been invited to attend Management meetings in his position as Health & Safety Officer, whereby his advice is acted upon.
EMPLOYER'S ARGUMENTS:
4. 1. The Worker has not competed to fill a position of Health and Safety Office (Grade 6) nor does he hold a recognised degree or diploma in Health and Safety.
2.Currently there is no position of Health and Safety Officer (Grade 6) in the Waste Management Section. If a post at this grade became vacant, it could only be filled through internal reassignment with the Council, or following competitive interview by an applicant with the relevant qualification.
RECOMMENDATION:
The Court has carefully considered the written and oral submissions of the parties. It is important at the outset to clearly state that the Court does not have a function in determining the appropriate arrangements to apply in order to meet the statutory obligations of Dublin City Council as regards Health and Safety of its operations.
The grade occupied by the claimant was set by agreement between his Trade Union and Dublin City Council in 2009 as a reflection of his role and duties. The claimant has not argued before the Court that the role he performs has changed in any substantial way since 2009.
The Council stated to the Court that it had, in pursuance of its obligations as regards Health and Safety including those derived from statute, set a qualification requirement for the role of Grade 6 Health and Safety Officer. The qualification requirement is that a Grade 6 Health and Safety Officer hold a recognised degree or diploma in Health and Safety. This qualification is held by all holders of such posts in Dublin City Council and was a requirement for application for the post in the most recent competition held by the Council for such appointments. The claimant in this case does not hold the required qualification.
The claimant asserted to the Court that in 2009 he sought support from the Council for his pursuit of an appropriate qualification. He stated that his application for such support was not successful. The Council stated to the Court that any refusal of such an application in 2009, made as part of an annual process by staff across the Council for support for various study programmes, was not unique to the claimant and was reflective of the financial circumstances applying in the Council at the time. The claimant has made no application as part of the process in subsequent years for support for relevant studies.
The Court notes that no formal claim was raised by the Union with the Council in the matter before the Court until 2013
Recommendation
The Court, taking account of the history and background of this matter and in particular the qualification requirement of the Council, does not recommend concession of the Union claim for appointment of the claimant to Grade 6 Health and Safety Officer.
Signed on behalf of the Labour Court
Kevin Foley
CO'R______________________
11th April, 2016Deputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Clodagh O'Reilly, Court Secretary.