ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003258
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969
Date of Adjudication Hearing: 17/10/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Attendance at Hearing:
A position of a Training Instructor at the respondent’s location in Cork was advertised in April 2015. The claimant applied for the position and he was unsuccessful. In June he raised a grievance regarding this matter, as he was the most experienced in this role and should have been given the position. The grievance was heard along with appropriate appeals without a resolution. The Union submitted proposals as to how the issue could be resolved however these were not acceptable to the respondent. It was also submitted that the claimant did not expect the successful person to be removed however the union is seeking compensation for him.
The respondent for their part submitted that the process was fair. They also submitted that the claimant was held in very high esteem and the fact that his application was unsuccessful this should not be deemed otherwise.
Both parties made written and verbal submissions at the hearing. I find that having examined all documentation as submitted that the process was fair. I find that I must commend the claimant’s entire proactive approach to his work. I find that the claimant did not suffer any financial loss.
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find I cannot support the Union’s claim for compensation, however, I would recommend that based on the positive approach of the claimant, that the parties engage to see how his talents might be better utilised by the respondent, taking into account all relevant factors.
Date: 5th January 2017