INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990
WEXFORD COUNTY COUNCIL
(REPRESENTED BY LOCAL GOVERNMENT MANAGEMENT AGENCY)
- AND –
(REPRESENTED BY IRISH MUNICIPAL PUBLIC AND CIVIL TRADE UNION)
Chairman: Mr Hayes
Employer Member: Mr Murphy
Worker Member: Mr Shanahan
1. Regularisation of grade status.
2. This dispute concerns a claim by the Claimant to be made substantive in the post of CEO at Wexford Enterprise Board. This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Labour Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on the 15th January 2015 in accordance with Section 26(1) of the Industrial Relations Act, 1990.
A Labour Court hearing took place on the 19th March 2015.
3. 1. The Claimant was appointed Acting CEO of Wexford Enterprise Board on the 15th September 2009 following the retirement of the CEO and held this position until 14th April 2014 when Wexford County Enterprise Board was formally dissolved and the Local Enterprise Office established in its place.
2. Between September 2009 and February 2012 the Claimant was not paid an Acting Allowance and was effectively doing the work of the CEO for no additional salary.
3. The Claimant was officially sanctioned for appointment to the position of CEO of Wexford County Enterprise Board by the Department of Jobs, Enterprise and Innovation and the Department of Public Expenditure on the 26th July 2013. The Board of Wexford County Enterprise Board refused to give effect to the sanction despite the efforts of the Department of Jobs, Enterprise and Innovation that it do so.
4. 1. As a result of a Government decision that County Enterprise Boards were dissolved and staff in the Boards were redeployed elsewhere in the Public Service, some to the newly established Local Enterprise Offices.
2. The post of CEO had been vacant since September 2009 and the Claimant, the Assistant CEO, was acting in the capacity of CEO from that date. The Claimant transferred to the Local Enterprise Office at his substantive grade (Grade 7). All staff transferring from County Enterprise Boards to Local Authority employment were transferred at their substantive grade. Had the Ministerial directive been given effect the Claimant would have transferred at Grade 8, the scale that applied to Chief Executive Officers. However as he was not confirmed in that post he transferred at his substantive Grade, viz Grade 7
3. The Council accepts the complexities and difficulties of this matter. However, Wexford County Council is not in a position to appoint the Claimant to the permanent position of Head of Enterprise for the Local Enterprise Office as it has no statutory power do so.
Having carefully considered the submissions of both parties to this dispute the Court finds that the Ministers for Public Expenditure and Reform and for Jobs Enterprise and Innovation, by way of letter dated 26 July 2013, sanctioned the Claimant’s appointment to the post of CEO of the Wexford County Enterprise Board. The sanction took effect from the 19thJuly 2013.
Accordingly the Court recommends that the Council should apply the Ministerial Sanctions to the Claimant with effect from the 19thJuly 2013 and assimilate him accordingly onto the staff of the Council.
The Court so recommends.
Signed on behalf of the Labour Court
27th March, 2015.Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.