ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000926

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1946	CA-00001272-001	04/12/2015

Date of Adjudication Hearing: 21/04/2016

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

The complainant successfully applied for a post and was placed on panel of applicants. He progressed to the next stage in process, was informed of position available and asked if interested. He confirmed he was and requested a reference from his immediate Line Manager as part of the process. The Line Manager gave a very negative Reference on his behalf. The issue was contested locally through the proper IR procedures and the complainant believes the Reference issued to the relevant National Recruitment Service was incorrect and damaging, but the matter has not been dealt with. The issue was appealed to an Adjudicating Officer

Respondent’s Submission and Presentation:

The complainant successfully interviewed for a new post in 2012 and was placed on the panel for that post. A call for expressions of interest was made a number of years later in 2015 and the complainant expressed interest in the post. The complainant was advised that he was highest in order of merit and was progressed to the next stage of the process. The complainant met the pre employment team and he was asked to obtain a reference from a supervisor or line manager which was duly received. However this reference was deemed to be unsatisfactory and a decision was made that the post be retracted from the complainant and he was removed from the panel. The complainant was informed of the decision in May 2015. The complainant appealed the decision on the grounds of “ the weight given to an unwarranted and unreasonable reference”. The issue was reviewed under appeal on two occasions and the decision was not reversed. Management believe that the reference was given in good faith and id a standard part of the selection process in accordance with the selection code of practice. The complainant evoked the appeal procedure external to the Respondent.

Recommendation:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Following consideration of all the facts and submissions in this case I recommend the following;

That the parties agree to an independent review of the reference by a suitably qualified agreed person and that person to issue a report on the reference to the Selection Body following consultation with the complainant and the person who gave the reference.

Following the issue of this report that the complainant be given the opportunity of a further interview by an agreed internal manager with knowledge of the post and the complainant and he be re-assessed as to his suitability for the post.

That the Respondent communicate to the body who conducted the selection process and request that it examine its own procedures for the future in similar circumstances to give a person the right of appeal in similar circumstances prior to the decision being finalised regarding suitability.

Dated: 29/06/2016