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LCR22347

FULL RECOMMENDATION

CD/20/238
ADJ-00025385 CA-00032235-001

DECISION NO. LCR22347

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

PARTIES :

AN EDUCATIONAL INSTITUTE
(REPRESENTED BY CC SOLICITORS)

- AND -

A WORKER
(REPRESENTED BY TEACHERS UNION OF IRELAND)

DIVISION :

Chairman:	Mr Geraghty
Employer Member:	Ms Doyle
Worker Member:	Mr Hall

SUBJECT:

1. Appeal of Adjudication Officer Decision No. ADJ-00025385.

BACKGROUND:

2. This matter was referred to an Adjudication Officer for investigation and Recommendation.
On the 10 July 2020, the Adjudication Officer issued the following Recommendation:

- “I would recommend that the Worker accepts the decision that he was unsuccessful on
this occasion.”

The Worker appealed the Adjudication Officer’s Recommendation to the Labour

Court on the 12^th August 2020 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on the 12^th November 2020.

DECISION :

The Court has a well established policy of not seeking to put itself in the position of an interview board in order to second guess the outcome of selection procedures.

The Court could do so only in cases where it was satisfied that clear and identifiable procedural deficiencies had given rise to unfair and/or irrational outcomes.

The Court is not persuaded that it has any basis for seeking to interfere in the outcome of the promotion process in this case and, therefore, is unable to recommend acceptance of the claim before it.

	Signed on behalf of the Labour Court

	Tom Geraghty
NJ	______________________
18 November 2020	Deputy Chairman

NOTE

Enquiries concerning this Decision should be addressed to Noel Jordan, Court Secretary.