ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00018677
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | An Ambulance Service Provider |
Representatives | |
|
Dispute:
Act | Dispute Reference No. | Date of Receipt |
CA-00023896-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The worker is looking for his employer to make a position that he has been in temporarily permanent. |
Summary of Worker’s Case:
The worker had been employed as an acting Paramedic Supervisor in his sixth year in this acting position. This came about following him lodging his interest into an “experiential learning” advertisement in March 2013. He was also on the panel for paramedic supervisor at that time and has continued in the role of a paramedic supervisor in an acting capacity. He has progressed a grievance with the employer for the regularisation of his appointment. In support of his dispute he referred to HR Circular 17/2013 and the Hughes report from May 2003. He referred to a colleague in another area that he detailed was moved into a position without the employer following the provision of any collective agreement . |
Summary of Employer’s Case:
The employer confirmed that a grievance had been progressed by the worker. The employer outlined that they were adhering to the terms of collective agreements reached through the WRC regarding the recruitment process for the post which the worker wishes to be appointed to. They are, therefore, unable to uphold his grievance where there are national collective agreements in place regarding the methodology to the filling of vacant posts. It was denied that any other worker had been appointed outside the terms of the national agreement. The employer outlined that should his dispute be upheld it would have a knock-on effect on other workers in a similar situation. It was outlined that the Labour Court have upheld the position of the employer in a similar case LCR21783. |
Findings and Conclusions:
The worker was unable to provide details regarding the alleged worker who was recruited to a role outside of the national agreement. I note that the Trade Union which the worker is a member of has been engaged with the employer on a range of issues including recruitment issues for which there is a national agreement and I also have taken into consideration LCR21783. The rules regarding recruitment to positions, such as the position which the worker wishes to be appointed to, have been set out by national agreement and I am therefore, unable to uphold the workers dispute. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The rules regarding recruitment to positions, such as the position which the worker wishes to be appointed to, have been set out by national agreement and I am therefore, unable to uphold the workers dispute. |
Dated: 02/08/19
Workplace Relations Commission Adjudication Officer: Louise Boyle Key Words:
Industrial Relations Act |