FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH DUBLIN COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms O'Donnell Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal Of Adjudication Officer Decision No ADJ-0018059
BACKGROUND:
2. This is an appeal against an Adjudication Officer's decision. A Labour Court hearing took place on 8th June 2019
DECISION:
This is an appeal by the Union on behalf of a Worker of Adjudication Officers Decision ADJ-00018059 in relation to the Worker’s acting appointment and the manner in which he was reverted to his substantive ground.The Adjudication Officer did not uphold the complaint.
The Worker was appointed to an Acting position initially for six months, but this was rolled over and he continued to work in the Acting position until the 17thof August 2018 when he was given three day’s notice, that he was reverting back to his substantive post. The Worker is currently absent from work and the Union on behalf of the Worker are seeking that the Employer engage with them in a positive manner to facilitate the Worker’s return to work.
The Employer’s position is that they held a competition to permanently fill a number of posts including the post the Worker was acting into. He was unsuccessful in that competition. When they had a panel in place they filled the post from the panel and reverted the Worker back to his substantive post. The Employer has no difficulty engaging with the Worker and his union in relation to facilitating his return to work.
The Court having heard the submissions of the parties decides that the parties should engage to facilitate the Workers return to work in his substantive grade in an appropriate location.
The Court so decides. The decision of the Adjudication Officer is set aside.
Signed on behalf of the Labour Court
Louise O'Donnell
FMc______________________
14th June 2019Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Fiona McCarthy, Court Secretary.