FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTH DUBLIN COUNTY COUNCIL (REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION :
SUBJECT: 1.Appeal of Adjudication Officer Recommendation no. ADJ-00025744 The Claimant had, until 2019, been an Acting Driver in the mechanical section of the Council for a period of years. His substantive grade throughout was that of General Operative. A new Workforce Plan was the subject of engagement between the Trade Union and the Council in 2015 which raised issues as regards staff who were acting up in a Driver role. Ultimately, the issues arising in that context for 11 staff were addressed through agreed procedures. In the case of two staff in the mechanical section, of which the Claimant was one, an approach was taken whereby the two Acting Driver / General Operative positions in mechanical section were suppressed following the making of a business case and two Driver positions were created. A confined competition was held to fill those two permanent positions as Driver. Both the Claimant and the other person who was Acting Driver in mechanical section at the time applied for the position through that confined competition. The Claimant withdrew from the competition immediately prior to his scheduled interview. The other Acting Driver was successful at interview and secured one of the permanent Driver positions. The Claimant, by reason of the fact of suppression of two General Operative positions as part of the process of creating two Driver positions and the fact that he was not appointed Driver following the confined competition, was transferred to another section of the Council. The Claimant before the Court seeks a return to his role of Acting Driver in the mechanical section and he also seeks compensation in respect of losses he claims to have suffered since his transfer. The Court has identified that approximately 20% of the losses the Claimant claims to have suffered arise from the difference in pay rate as between the rate of pay of Acting Driver and the rate of pay of General Operative. The remainder of the alleged losses relate to various payments and allowances which he says were paid to him in mechanical section. The Court notes that the General Operative posts in mechanical section were suppressed in favour of the creation of the same number of driver positions. The Court also notes that the Claimant removed himself from the competition to fill the posts of Driver thus created. The Court cannot recommend the appointment of the Claimant to a role which has been suppressed. Neither can the Court recommend compensation for a loss of earnings arising from rates of pay differences as between the Acting Driver grade and the General Operative grade. It is clear however that the Claimant, apart from losses related to his rate of pay, may have suffered a loss of earnings arising from the loss of allowances and other payments which had been paid to him while he was Acting Driver in mechanical section. The Court has no information before it which would indicate the degree to which any of those losses might be eligible for consideration as appropriate for compensation in line with normal agreements and arrangements in place within the Council. The Court therefore does not recommend concession of the Union’s claim. The Court does recommend that the parties engage at the appropriate time with regard to losses which don’t arise from pay rate differences which the Claimant may have suffered and which might, in the normal way, be capable of consideration in the context of agreed compensation arrangements. The decision of the Adjudication Officer is set aside. The Court so decides
NOTE Enquiries concerning this Decision should be addressed to Heather Murray, Court Secretary. |
