Worker

Employer

Anonymised Parties

A Worker

A County Council

Representatives

Rachel Hartery SIPTU

Amanda Kane Local Government Management Agency (LGMA)

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00001476

21/06/2023

The Worker was employed in the position of acting Senior General Services Supervisor (SGSS) from 2019 to 2022. In 2022 the Worker applied for the permanent vacancy of SGSS but was unsuccessful as he did not have a craft certificate or an equivalent certificate of attainment. The Worker states that this was unfair as he had the relevant equivalent qualifications. The Employer stated that the requirements for the role were transparent and that an applicant who does not meet the eligibility criteria cannot progress in the selection process. The Employer submitted that the Worker did not provide proof of a craft certificate or a certificate of attainment and therefore his application could not be progressed further.

In 2018 the Worker applied for the promotional post of SGSS. He was requested to submit a National Craft Certificate or equivalent which was a requirement for the post. The Worker submitted the details of his qualifications which he felt were the equivalent of a craft certificate. This was accepted by the panel and the Worker was called for interview. The Worker performed well at interview and was placed 3rd on the panel. On 7 March 2019 the Worker was taken from the panel and was temporarily appointed in the capacity of acting SGSS until December 2022. During this time no issues arose regarding the Worker’s performance.

A permanent SGSS role was advertised early 2022. The Worker was very enthusiastic to secure this position on a permanent basis for several reasons. In February 2022 the Employer acknowledged receipt of the Worker’s application. He was again requested to furnish a craft certificate or equivalent so that his application could be progressed further. The Worker advised HR of his experience and equivalent qualifications as he had done during the 2018 competition. In March 2022 HR wrote to the Worker suggesting he contact the relevant Education and Training Board who could assist him in obtaining a certificate of attainment. However, the Board was unable to assist the Worker due to an issue regarding the Worker’s apprenticeship registration. The Worker was not called for interview as a result. He appealed this decision but was unsuccessful.

The Worker outlined his years of experience and qualifications which included qualifications at QQI level 5 and 6. The Worker told the hearing he attended college and had sat and passed the exams for a plumbing apprenticeship, but due to a registration issue he was not able to obtain his craft certificate. Unfortunately, the relevant Education and Training Board were unable to assist him in obtaining a certificate of attainment in time for the competition for the permanent SGSS vacancy. The Worker acknowledged that he could obtain a certificate of attainment, but that it requires getting sworn affidavits which is a time consuming and arduous process, and that he did not have time to do that for the 2022 competition. In any event, the Worker felt that the Employer had previously accepted his qualifications as being equivalent and that he had been performing the job very satisfactorily for over two years.

The Worker stated that it was unfair that he was not called for interview; that the Employer had previously accepted his qualifications as being equivalent; that he should be allowed to go forward in the competition on the same basis as he had done in 2018; and that he had been working in the capacity of acting SGSS without issue for several years. At no time did the Employer highlight any concerns regarding the Worker’s qualifications for the role. The Worker stated that his qualifications and experience are equivalent to that of a craft certificate.

The Worker is seeking that his salary reverts to that of a SGSS. This is important given the pending transfer of personnel from the Council to another organisation.

Qualifications for an advertised post are checked at the short-listing stage. Following the Worker’s application for the permanent position of SGSS, the Employer informed the Worker on 11 March and 17 May 2022 that he needed to submit a craft certificate or equivalent to progress his application. The Worker was advised in writing that a failure to provide this information by 27 May 2022 would result in his application not been given any further consideration. The Employer suggested to the Worker to contact the relevant Education and Training Board to ascertain if they could assist him in obtaining a certification of attainment.

Interviews took place for the vacancy on 19 September 2022. As the Worker had not provided the information as requested, he was not called for interview. The Worker ceased the acting SGSS role on 18 November 2022 and he reverted to his previous position. On 24 November 2022 SIPTU, on behalf of the Worker, raised the issue with management and a meeting to discuss same took place on 11 January 2023. The Employer confirmed its position that the Worker was not called for interview as he did not satisfy the qualification requirement for the post.

In 2018 and again in 2022 the advertisement for the vacancy of ‘Senior General Services Supervisor (Craft)’ clearly stipulated that a National Craft Certificate or equivalent was a requirement for the post. The role of SGSS is a senior craft position. Only candidates who have a craft certificate or equivalent can be shortlisted for interview (assuming they also meet the other selection criteria). The Employer submitted that the Worker was given several opportunities to provide evidence of the necessary qualifications but failed to do so, and further failed to engage with HR at any stage during the selection process. While the Worker claims to have the equivalent qualifications for the post, he provided no evidence of this despite the onus on him to do so.

The Council reviewed the Worker’s 2018 application and noted that the Worker failed to provide evidence of equivalent qualifications at that time also, despite being asked for same on several occasions. The Worker provided a Certificate of Attendance but did not provide evidence of sitting or passing the final apprenticeship exams. This appears to have been missed by the recruiting panel at the time. Regardless of how the Worker was allowed to compete in the 2018 competition, he requires a craft certificate or equivalent to compete in further competitions. This is essential to have equity and parity for all suitable candidates applying for posts in the Council. It would be unfair to allow one applicant to circumvent the criteria as they may have done in the past.

In conducting my investigation, I have considered all relevant submissions presented to me by the parties.

I accept the Employer’s submission that the position of SGSS is a senior craft post. All previous and current job holders hold a Craft Certificate. The requirement to hold a craft certificate or equivalent for the position of SGSS was clearly stated both in the 2018 and 2022 competitions. I accept the Employer’s submission that it is essential to have equity and parity for all suitable candidates applying for posts in the Council, and that it would be unfair to allow one applicant to circumvent the criteria as happened in 2018 (through no mala fides on the part of the Worker).

In relation to the 2022 competition, it was reasonable for the Worker to assume that his qualifications would be regarded as being equivalent to a craft certificate, given that these qualifications had been accepted as such previously. The Worker was not to know that details of his experience and qualifications (together with the Certificate of Attendance), which he submitted in good faith, had not been adequately checked by the relevant persons at the time. While this was to his benefit for a period of over two years, unfortunately not having a craft certificate or a certificate of attainment now stands in his way of securing a permanent SGSS post. It is not appropriate for me to determine if the qualifications held by the Worker are equivalent to that of a craft certificate. However, it is clear the Worker has the option of obtaining a certificate of attainment. Therefore, I recommend that the Worker seriously consider commencing the process of obtaining same as soon as possible so that he can be considered for a SGSS role or similar in the future. I note that in the Council’s letter to the Worker dated 8 March 2023, it offered to assist the Worker in securing that certificate of attainment (for example, if a further exam etc. was required). I recommend that the Employer extend the same offer of assistance to the Worker should he decide to go about obtaining the certificate of attainment.

Qualifications for promotional post.