LCR22477

FULL RECOMMENDATION

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

ARRABAWN CO-OP SOCIETY LTD
(REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION)

- AND -

A WORKER

DIVISION :

SUBJECT:

1.Appeal of an Adjudication Officer's Decision No(s)ADJ-00027412, CA-00035115-001

BACKGROUND:

2.The Worker appealed the Decision of the Adjudication Officerto the Labour Court on 7 July 2021 in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on 11 October 2021. The following is the Determination of the Court:-

DECISION:

The Court has given very careful consideration to the written and oral submissions of the parties.

The Claimant believes that there was a breach of agreement or a substantial flaw in the selection process at issue.

The Court notes that no written agreement covering the competition at issue has been put before it. The Court notes also that no suggestion has been put that the interview process was conducted other than fairly.

It is clear from the submission of the employer that the Claimant was not scored as highly as the successful candidate by the interview board. It is also clear that even if no score had been afforded to any candidate for educational achievement, she would not have scored as highly as the successful candidate.

The Court notes that the Claimant does not contend that the vacancy should have been filled solely on the basis of seniority.

In all of the circumstances, the Court cannot conclude that the Claimant was unfairly disadvantaged in the conduct of the competition and can find no basis for the payment of compensation as claimed.

The Court does not recommend concession of the claim.

The Court so recommends.

NOTE

Enquiries concerning this Decision should be addressed to David Campbell, Court Secretary.