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LCR22201

FULL RECOMMENDATION
CD/20/12
DECISION NO. LCR22201
ADJ-00023480 CA-00030031-001

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
HSE CORPORATE EMPLOYEE RELATIONS (CERS)

- AND -

A WORKER
(REPRESENTED BY FORSA)


DIVISION :

Chairman: Mr Foley
Employer Member: Mr Marie
Worker Member: Mr McCarthy
SUBJECT:
1. Appeal of Adjudication Officer Recommendation No ADJ-00023480 CA-00030031-001.


BACKGROUND:

2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 26 November 2019 the Adjudication Officer issued the following Recommendation:-
  • “I therefore recommend that the complainant should be made permanent in the acting up role and that this should take effect from the date of acceptance of this Recommendation. This Recommendation reflects only the specific circumstances of the complainant should not be taken to have a wider implication for other employees”.

The Employer appealed the Adjudication Officer’s Recommendation to the Labour Court on 3 January 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court Hearing took place on 26 February 2020.

DECISION :

This matter comes before the Court as an appeal of a Recommendation of an Adjudication Officer in a dispute involving a Claimant who has been engaged on temporary specified purpose contracts for almost five years. The award of the initial contract to the Claimant followed an open competition.

The Court has considered carefully considered the written and oral submissions of the parties. The Court notes that while engagements continue between the parties on related matters nationally, these engagements do not, at present, incorporate any engagement in relation to the grade occupied by the Claimant.

In all of the circumstances arising in this matter, including current sanctions for appointment to the grade, it is the Court’s decision that the within claim should be conceded with effect from the date of this decision. The Recommendation of the Adjudication Officer is varied accordingly.

The Court so decides.




Signed on behalf of the Labour Court



Kevin Foley
CO'R ______________________
16 March 2020 Chairman



NOTE

Enquiries concerning this Decision should be addressed to Clodagh O'Reilly, Court Secretary.