FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HEALTH SERVICE EXECUTIVE - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Adjudication Officer's Recommendation No: ADJ-00008234.
BACKGROUND:
2. This dispute concerns the fact that the appellant was placed on two recruitment panels without being offered a promotional opportunity.
This matter was referred to an Adjudication Officer for investigation and Recommendation. On 9 July 2018 the Adjudication Officer issued the following Recommendation:-
- "I am not in a position to undermine the rules governing the operation of recruitment panels within the respondent's remit and therefore unable to make a recommendation favourable to the complainant as petitioned."
DECISION:
This is an appeal by an employee against the Recommendation of an Adjudication Officer Adj-00008234 in his claim against his employer under the Industrial Relations Act, 1969. The Claimant claimed that he was not offered a promotional position within the National Ambulance Service despite being placed on two recruitment panels for Grade VII positions. He sought confirmation from HSE that both panels remain live. The Adjudication Officer did not find in his favour.
The Claimant is a Grade VI Ambulance Officer who was successfully placed on two Grade VII panels in 2011. However, he has not been appointed to a Grade VII position. He said that he had never been advised that the recruitment panels had expired.
The Claimant submitted Stage 2 and Stage 3 grievances on the issue and was informed that the panels had expired and that such a decision was made at national level therefore, it was outside of the remit of local management. He made enquires to the FOI Decision Maker for HSE National Recruitment Services in 2016 and early 2017 was informed that the panels were classified as “Live”.
Management stated that the fact of being placed on a recruitment panel did not infer an offer of employment, the Claimant like all other potential candidates at the time of the placement on the panel was advised that“vacancies may occur for a 12-month period from 13thMay 2011”. It stated that the 2011 panels had expired in line with the Commission for Public Service Appointments (CPAS) guidelines, which recommended that all recruitment panels must be expired or discontinued after a period of three years.
The HSE and the National Ambulance Service have been engaged with SIPTU under the auspices of the WRC since 7thJuly 2016 on a range of issues concerning and relating to recruitment. Management are now engaging with the National Recruitment Services on a recruitment schedule to advertise and fill approved and fully funded vacancies.
Having considered the submission of both parties the Court concurs with the Adjudication Officer’s findings and recommendation which upheld the rules governing the operation of recruitment panels within the HSE and consequently did not find in favour of the Claimant’s claim. Accordingly, the Court rejects the Claimant’s appeal and upholds Management’s position.
The Court so Decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
18 September 2018______________________
MNDeputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Neville, Court Secretary.