LCR22782

1. Appeal of Adjudication Officer Decision No(s) ADJ-00033031 CA-00043772-001.

BACKGROUND:

2. The Employer appealed the Adjudication Officer's Recommendation to the Labour Court
in accordance with Section 13(9) of the Industrial Relations Act, 1969.

The Adjudication Officer had issued the following Recommendation:

"In relation to the flaws in the shortlisting exercise, I find that an award of compensation is appropriate in all the circumstances. According, I recommend that the Employer pay the Worker compensation of €5,000.

In relation to the delay in investigating the Worker's initial internal appeal, I find an award of compensation is appropriate in all the circumstances. Accordingly, I recommend that the Employer pay the Worker compensation in the amount of €5,000.

For the avoidance of doubt, I confirm that total compensation recommended to resolve this dispute is €10,000."

A Labour Court hearing took place on 23 June 2023.

DECISION:

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

The dispute before the Court arises from the conduct of a promotion / recruitment competition for the position of Garda driver in 2020 / 2021.

The worker was not successful in his application in that he was not shortlisted for interview. He raised a complaint as regards the conduct of the shortlisting process through the procedures set down by the Commission for Public Service Appointments. The Commission for Public Service Appointments (CPSA) is an independent statutory body which has responsibility for overseeing appointments to a wide range of positions in the Civil and Public Service. The CPSA ultimately issued findings and a report.

The worker in this case made two claims before the Court:

• Firstly, he contends that the CPSA processes which he followed had identified breaches of the statutory code and other failings of the recruitment / promotion process. He claims that he should receive compensation for those failings.

  Secondly, that there had been an extensive delay in completing an internal review of his complaint as regards the conduct of the competition. That internal review was undertaken in accordance with the procedures set out by the CPSA. He seeks compensation for the delay in completing the internal review initiated in accordance with the procedures set out by the CPSA.

The Court has noted that the parties have engaged fully with the processes laid down by the CPSA and that comprehensive findings and a report have issued from the CPSA, including as regards the conduct of the internal review. The Court does not see that it has a role in addressing the findings of the CPSA by way of reviewing those findings or the report of the CPSA in order to award a compensatory payment. It is, in the view of the Court, for the CPSA in exercise of its statutory functions to deal with any findings it makes in relation to a complaint made under the code of the CPSA.

The Court has noted that the result of the internal review carried out on foot of the worker’s complaint under the CPSA code was not communicated to him for a period of months after he had made his original complaint. The issue of the non-implementation of the internal review findings was also address by the CPSA who noted there was no obligation on management to implement same.

No submission has been made that the code of the CPSA or any collective agreement between the parties directly makes provision for compensatory payments to workers where the internal review stage of the CPSA procedure is the subject of delay. The Court notes that the CPSA has addressed this delay in its’ report. In any event the Court is unclear as to the whether the impact of any such delay upon the worker has been such as to justify a compensatory payment to him.

In all of the circumstances, the Court concludes that no case has been made out for the award of compensation on foot of the exercise by the CPSA of its statutory functions.

The Court notes in reaching its conclusions in respect of this series of events, that the CPSA has given guidance to the employer as regards the future conduct of recruitment and promotion competitions of the sort giving rise to the within trade dispute.

In all the circumstances the Court has concluded that the appeal must succeed, and the decision of the Adjudication Officer should be set aside.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
TH	______________________
10 July 2023	Deputy Chairman