ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00011911
| Complainant | Respondent |
Anonymised Parties | A Curator | A County Council |
Representatives | Con Casey SIPTU | A HR Executive |
Complaint(s):
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-00015811-001 | 15/11/2017 |
Date of Adjudication Hearing: 18/04/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with 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).
Background:
The Complainant is a Curator on a water treatment site. The Complainant is a long term permanent employee of the Council. There are four full time posts and one relief post. The Complainant is the relief but has been acting in a full time role due to the absence of a colleague. A vacancy was filled on site recently by a person with more long term employment service than the Complainant from another Council site. The Compliant is seeking to be regularised as a full time Curator. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a Recommendation in relation to the complaint.
The parties were at ad idem on the background and facts of the case. I recommend that the Complainant be deemed to be regularised effective immediately due to the absence of his colleague. However, should that colleague return to work in the future then the Complainant will revert back to being the relief member of the group. The Complainants service on site is to be given priority over staff with less service in a similar capacity on site except for any redundancy situation which may arise, which for clarity is not foreseen at this time, where total employment service with the Respondent is the agreed method of selection for redundancy. This recommendation, if agreed, is on a red circled basis and without precedent. |
Dated: 17th May 2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Normalisation of a position |