FULL RECOMMENDATION
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : OFFALY COUNTY COUNCIL - AND - A WORKER (REPRESENTED BY FORSA TRADE UNION) DIVISION : Chairman: Mr Foley Employer Member: Mr Marie Worker Member: Mr McCarthy |
1. Appeal of Adjudication Officer Recommendation No(s).ADJ-00011551 CA-00015427-001
BACKGROUND:
2. This case is an appeal of an Adjudication Officer’s Recommendation by the Union on behalf of the Worker. On the 11 July 2018 the Adjudication Officer issued the following Recommendation:-
- “The appointment of a Complainant to a position of assistant staff officer is not appropriate in this case. However, I do recommend that the Respondent pay to the Complainant compensation in the sum of €200.00 for the breakdown in communications as to the disbandment of the confined panel formed in July 2016 and that it was to fill one position only”.
A Labour Court hearing took place on 8 May 2019.
DECISION:
The Court has given very careful consideration to the written and oral submissions of the parties.
It is clear that the events at issue transgress over matters which are the subject of agreements in place between the Union and Local Authority management including at national level.
The Court cannot support a contention that agreements in place should be set aside unless the parties have found consensus in that respect. Therefore, the Court cannot find that the operation of a competition in January 2017 in accordance with nationally agreed protocols was inappropriate. Neither can the Court find that the filling of what was at the time an expected short term acting up position in 2016 in a manner which aligned with agreements was inappropriate.
The Court does however accept that the Claimant’s reading of the original 2016 job advertisement and a subsequent letter from the Respondent’s HR Department led her to develop an expectation of appointment to a role of ASO on either an acting or permanent basis at some point in time.
In all of the circumstances of this unique situation the Court recommends that the Council should, as a gesture of good will and acknowledgement of the unfortunate sequence of events, make a payment of €1,750 to the Claimant in full and final settlement of the dispute. This Recommendation reflects the specific combination of events as they unfolded in this matter and as such is not to be seen as a precedent in any other matter.
Signed on behalf of the Labour Court
Kevin Foley
CC______________________
27 May 2019Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ceola Cronin, Court Secretary.