INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
DUNDALK URBAN DISTRICT COUNCIL
- AND -
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
Chairman: Ms Jenkinson
Employer Member: Mr Pierce
Worker Member: Mr O'Neill
1. Basis for appointing casuals.
2. The issue in dispute concerns the manner in which Dundalk Urban District Council selects staff for temporary work as general operatives.
The Union claims that management has failed to conclude an agreement in relation to casual workers employed by the council and who are not afforded first right of refusal to either casual or permanent posts as they arise.
Management reject the Union's claim. It states that selection for employment must be on the basis of suitability. In determining suitability, factors such as previous work experience are taken into account.
As no agreement was possible between the parties the dispute was referred to the Labour Relations Commission. A conciliation conference was held on the 12th June, 2001, but no agreement was reached. The dispute was referred to the Labour Court on the 15th August, 2001 under Section 26(1) of the Industrial Relations Act, 1990. The Court investigated the dispute on the 19th September, 2001.
3. 1. Appointments for casual employment with the Council should be on the basis of senior most suitable and not suitable most senior.
2. Casual workers with previous experience of working for the Council as general operatives should have first option when casual or permanent posts arise.
3. The Council should establish a panel for long term temporary employees, modelled on the health service approach.
4. 1. Selection for employment must be on the basis of suitability. In determining suitability factors such as previous work experience are taken into account.
2. It is not feasible for the Council to extend temporary panels over a period of years. Large number of individuals who would wish to take up employment with the Council would be excluded during those periods.
3. The practice of forming new panels each year does not prevent individuals who were previously employed by the Council from reapplying for temporary work.
Having considered the submissions of the parties, the Court recommends that the parties should agree an arrangement for the employment of casual general operatives and management should give due consideration to applicants that have previous work experience with the U.D.C. This recommendation is strictly in regard to selection for casual employment for general operatives only and does not relate to transfer to permanent posts; this issue was not before the Court.
Signed on behalf of the Labour Court
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.