LCR22953

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00045070 (CA-00055827 IR-SC-00001218)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 14 December 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

On 3 November 2023 the Adjudication Officer issued the following Recommendation:

“Having considered the essential duties of the role that require the occupant of the position to be in attendance at key times, the high probability of a call out being required each day for approximately one hour at unknown times and the disruption that would cause to the public and other Library staff and the Labour Court precedent, I find in favour of the Employer and do not recommend that they change their stated position, in this particular case.  I recommend that the Employee be given until December 31st 2023 to make a decision on whether he will take up the post of Library Facilities Attendant and if he elects to do so then the date of commencement will be determined by the Employer to facilitate a transition with the current fixed term employee who currently occupies the role.”

A Labour Court hearing took place on 8 April 2024.

RECOMMENDATION:

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

There is a disagreement between the parties as to whether a position in the library in Ennis can be carried out effectively by a person who is ‘on call’ as a member of the Retained Fire Service.

The Court has been given to understand that working groups are being set up to deal with implementation of certain aspects of the recent national agreement pertaining to the Retained Fire Service. An aspect of that agreement related to the question of dual employment in local authorities and, in the view of the Court, any general matter, if such there be in this context in this local authority, can be progressed through that channel.

The Court is given to understand that a range of employees in this authority are engaged in dual employment between their role in the authority and the Retained Fire Service. The position of the employer in respect of the position in Ennis library is that dual employment is not possible because of the health and safety and security elements of the role.

It is not for the Court in an industrial relations trade dispute to second guess an employer on matters of security or ‘health and safety’ and any conflict between the union and the employer in this respect should be addressed through the frameworks in place to ensure a safe and healthy workplace generally in the library.

Any such consideration in this case however seems to the Court to be moot because the worker has confirmed, through his union, that the solution he seeks is to be appointed to a position in the Council notwithstanding there is a panel in place in the employment to make such appointments and the worker did not compete for placement on that panel and is not on that panel.

The Court is aware that the operation of panels in the sector is governed by collective agreement and circulars of long standing. Neither party has been able to set out to the Court how a person who is not on a panel could, having regard to the agreed arrangements in place in the sector, be appointed to fill a vacancy ahead of a person on a panel which has been formed for the purpose of filling of such vacancies.

In all the circumstances, the Court concludes that there is no practical means to achieve the ambition of the worker in this case, and given that (a) no contention has been put to the Court that the sequence of events has led to financial loss and (b) no contention has been put forward that the employer acted improperly in the conduct of panel the Court recommends that the parties regard their trade dispute as resolved with no further action required.

The Court so recommends.

	Signed on behalf of the Labour Court
	Kevin Foley
CC	______________________
23 April 2024	Chairman

NOTE

Enquiries concerning this Recommendation should be addressed to Ceola Cronin, Court Secretary.