Worker

Employer

Anonymised Parties

A Deputy Head Porter

A Hospital

Representatives

Deirdre Canty SIPTU

 Employee Relations Manager

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 - 00002762

14/06/2024

The Employee referred his dispute on 14 June 2024 where he was told he was not eligible for an acting post.

Submissions were received from both parties.

It was the Worker’s dispute that he expressed his interest in an acting post which was advertised internally but was deemed ineligible and was not considered.

In response the Employer submitted the expression of interest was limited to staff at a lower band than the Worker. It was further submitted that the Worker was given a contract extension to this role on a full-time basis. and therefore was in a better position than the temporary acting post offered.

The material information in this dispute is as follows: an expression of interest notice was issued on 9 June 2023; the Worker returned to work on 12 June 2023, with his submission of interest sent to his line manager on 14 June 2023. A return-to-work interview took place on 19 June 2023, during which a contract extension and an occupational health report were discussed, and a further report was requested. The closing date for the expression of interest was 23 June 2023. The Worker’s contract expired on 30 June 2023, with an extension granted from 1 July 2023 for the same role. By email on 3 July 2023, the Worker was informed by his line manager that he was not eligible for the post.

It is accepted that the Employer did take account of an occupational health report at the meeting on 19 June 2023; however, the report did not advise that the Worker could not return onsite, nor was it relied upon as a reason for deeming him ineligible for the acting post at that time.

As with any Worker on short-term contracts, it is reasonable to expect he would apply for positions on an ongoing basis. While it is accepted that the acting post was a part-time, temporary position, it is for the individual Worker to decide whether the role is suitable for him. It is clear that the Employer had information regarding another work location, but this was not shared with the Worker until after he had expressed interest. The extension was offered, but at a different location, depriving him of the opportunity to be fairly considered. Instead, the Employer incorrectly chose to deem him ineligible.

Regarding compensation, the Employer’s submission is accepted that the Worker was at a financial advantage in the role he held until September 2023, which was on a full-time basis. Therefore, I do not deem financial compensation appropriate in the circumstances.

Express of Interest – Opportunity