ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000466

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, 1969	CA-00000453-001	28/10/2015

Date of Adjudication Hearing: 13/09/2016

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or Section 13 of the Industrial Relations Act, 1969 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).

Attendance at Hearing:

By	Complainant	Respondent
Parties	An Employee	A College

Complainant’s Submission and Presentation:

The Complainant is currently employed as the ER Librarian at the Library at Respondent College Dublin. The Complainant, who holds a permanent, job-share post since 2008, now wishes to return to a permanent full-time position. This request has been raised at local level and to date remains unresolved. Such a provision for a permanent full-time post is stipulated in the Complainant’s 2008 contract provided by Respondent College.

Summary of Respondent’s Submission and Presentation:

The College accepts the entitlement of the Complainant to a full time post – the letter of 5^th November 2008 still stands.

A full time post was offered to the Complainant on 23^rd February 2016. It was on a 7 year contract basis. Effectively this was all that the College could obtain approval for from the governing Educational management bodies involved in the sanctioning of Higher Education posts.

In Oral evidence the College referred to a supporting E mail from the Assistant Librarian with Management responsibilities in this area. This e mail had the full approval of the College. This was confirmed at the hearing by the Employee Relations Manager. It contained the statement

“However it is my firm belief that the post will continue indefinitely”.

The College maintained that the position offered in February 2016 is a full time position and satisfies the requirements of the Complainant’s Agreement with the College in relation to a return to a full time post.

Decision:

Section 41(4) of the Workplace Relations Act 2015 and or Section 13 of the Industrial Relations Act, 1969 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under the cited Acts.

Issues for Decision:

Has the Claimant grounds for a return to a full time position?

Has the College taken sufficient and reasonable steps to honour this commitment particularly in regard to the offer of February 2016??

Legislation involved and requirements of legislation:

Industrial Relations Act, 1969

Decision:

Having reviewed the evidence both written and oral of the parties I came to the following conclusions

The Complainant has a valid claim to return to a full time post. This commitment is clearly in writing and is not contested by the College.
The College should seek to implement this as soon as a suitable position, subject to all necessary College approvals and sanctions, becomes available.
However in seeking to implement Point Two above the Complainant should acknowledge that as the Job Share/Part Time work Agreements at the College effectively date from the “pre economic recession era” she should have positive regard to the efforts of the College management to accede to her requests in the light of the current policy /recruitment constrictions and financial restrictions under which they have been placed by the Higher Education supervisory bodies.
In that light, the offer of the 7 Year contract in February 2016 , coupled with the supporting e mail from the Assistant Librarian dated the 23^rd February 2016 should have been seen positively by the Complainant,
The e mail stated that
“However, it is my firm belief that the post (23rd February 2016) will continue indefinitely”
This statement was endorsed in my presence at the hearing by the Assistant Librarian and by the Employee Relations Manager of the College. I was of the view that the Complainant was somewhat cavalier in not giving more weight to this e mail in making her decision to decline this post.
In overall conclusion and reiterating Point 2 above I find that the College has acted as reasonably as possible in all the circumstances to date and note their positive assurances to the Complainant in regard to future developments and the filling of suitable future posts.

Dated: 9 November 2016