INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(2), INDUSTRIAL RELATIONS ACT, 1969
UNIVERSITY COLLEGE DUBLIN
- AND -
(REPRESENTED BY IRISH FEDERATION OF UNIVERSITY TEACHERS)
Chairman: Ms Jenkinson
Employer Member: Ms Cryan
Worker Member: Ms O'Donnell
1. An appeal against the denial of a promotion to the grade of Associate Professor.
2. This case arose following a dispute between the Irish Federation of University Teachers (IFUT) and University College Dublin (UCD) regarding the unsuccessful application from the Applicant for the promotion to Associate Professor in UCD.
On the 23rd October 2015, the Union and the University jointly referred the dispute to the Labour Court in accordance with Section 20(2) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation.
A Labour Court hearing took place on the 7th January, 2016.
3. 1. The Applicant has been a Senior Lecturer in UCD since 2001. His denial of promotion arises from a situation where there is clear evidence of unfairness.
2. No meaningful evaluation took place of the Applicant’s teaching and learning, in a clear and unambiguous breach of the promotional process.
3. There was an absence of transparency in the University's decision not to promote him.
4. 1. The Applicants application for promotion to Associate Professor has been fairly assessed by the College Committee, the University Committee on Academic Appointments, Tenure and Promotion (UCAATP) and the Appeals Committee.
2. The formal UCD appeals procedure was agreed with SIPTU and IFUT in 2013 and provides for union representation on the Committee. The Procedure has been adhered to by the University.
3. The Applicant set out a very detailed basis for internal appeal to the Committee. The Committee assessed the grounds of appeal put forward and concluded that there was no evidence that the criteria for promotion had been wrongly or unfairly applied.
The issue before the Court concerns an appeal by an employee of his application for promotion to the grade of Associate Professor. In accordance with the appeals process for academic promotion in the University, the case was referred pursuant to Section 20(2) of the Industrial Relations Act, 1969 whereby both parties have agreed at the outset to accept the Recommendation of the Court.
It was accepted by both parties that the role of the Court is not to decide on the merits of the Applicant, it cannot substituteits views on therelative merit of candidates for those of the designated decision makers. Rather,its role isto ensurethat the selection process was not unfair to the Applicant or was not manifestly irrational in the result.
The Court has taken account of the written and oral submissions of both parties and having considered all aspects of the case, the Court can find no evidence of unfairness or unreasonable application of the selection criteria to the Applicant. The Court upholds the Appeals Committee’s finding that there was no evidence that the promotional criteria were wrongly or unfairly applied in his case and accordingly upholds the outcome of the appeals process.
The Court so Decides.
Signed on behalf of the Labour Court
13th January, 2016Deputy Chairman
Enquiries concerning this Recommendation should be addressed to Ciaran Roche, Court Secretary.