LCR23244

PARTIES:

DIVISION:

SUBJECT:

Referral Under Section 26(1), Industrial Relations Act, 1990.

BACKGROUND:

This dispute could not be resolved at local level and was the subject of a Conciliation Conference under

the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was

referred to the Labour Court on 26th February 2026 in accordance with Section 26(1) of the Industrial

Relations Act, 1990.

A Labour Court hearing took place on 25th March 2026.

RECOMMENDATION:

The Dispute

There is broad agreement between the Parties as to the facts underlying the within dispute. The Worker was placed thirteenth on a panel formed following a competition in 2022 for the position of Assistant General Foreman (‘AGF’) with Cork City Council (‘the Council’). The panel was deemed to be in place until 30 September 2024.

In late August 2024, the incumbent AGF gave notice of his intention to retire on 14 December 2024 and to avail himself of approximately 22 days of accrued annual leave in a single block prior to that date.

On 2 September 2024, Management submitted a request to Recruitment to fill the vacancy early from the extant panel. Sanction was granted and the process to offer the position to the next available candidate – who had been placed sixth on the panel – commenced. The Court was told that a delay occurred in progressing the offer and appointment as the person in Human Resources dealing with the matter was absent for a period of time on compassionate leave. The appointment of the aforementioned candidate did not in fact take place until 23 October 2024 when the panel had expired. The Worker was aggrieved in the circumstances and felt that he had been denied the opportunity to compete for the vacant position. He is seeking compensation of circa €10,000.00 for the loss of opportunity.

Recommendation

The Court accepts that an unfortunate sequence of events led to a departure from established good practice in relation to the timing of the disputed appointment in this case. However, it is not in dispute that the sanction to make the appointment was granted when the panel was still extant and the appointment would– in the normal course – have been formalized prior to the dissolution of the panel.

In the circumstances and having regard to the Worker’s placement on the panel, the Court does not recommend concession of the Worker’s claim for compensation.

The Court so recommends.

	Signed on behalf of the Labour Court
	ALAN HAUGH
CC	______________________
8th April 2026	Deputy Chairman

NOTE

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