SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
UNIVERSITY COLLEGE CORK
- AND -
Chairman: Ms O'Donnell
Employer Member: Mr Murphy
Worker Member: Mr McCarthy
1. Breach of procedure in UCC's professional appointments process at Cork University Business School
2. This dispute concerns an allegation of breach in procedure.
The Worker referred this case to the Labour Court on 26 August 2019 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation.
A Labour Court hearing took place on 24 October 2019.
3. 1.It is the Worker’s submission that the Employer did not follow their own procedure.
2.The Worker had an issue that there was no professional from his academic area on the Interview Board.
4.1.The Employer’s position was that it was not possible to have someone form every academic area on the Interview Board due to availability issues.
2.The Employer also maintains that they did not breach their own procedures.
The dispute between the parties related to a competition for a promotional post. It is the Worker’s submission that the Employer did not follow their own procedure. The Worker raised a number of issues in his written submission which did not form part of the hearing and therefore will not be reflected in this Recommendation. The main complaints the Worker had in relation to the process were 1) that there was no professional from his academic area on the interview board which he felt breached the Employer’s own procedure and 2) an individual who applied to the same competition as he had applied for but was interviewed in the first round of interviews and was successful was appointed to the interview board that interviewed him.
The Employer’s position was that there were multiple jobs being advertised so it was not possible to have someone form every academic area on the interview board. It was their submission that nothing in their procedures prevented them from doing this and that they had done the same thing in interviews the previous year. They accepted that prior to that, competitions were generally for one or two posts in specific areas so there would have been a professional from the relevant academic area. In relation to the appointment to the interview board of an individual who had been part of that process as an applicant they could offer no logical reason for doing it. They accepted that this was not normal practise and were not aware of it ever happening before.
The Court having listened carefully to the submissions of the parties recommends that the Employer pays the Worker a sum of €5,000 compensation in full and final settlement of his claim in relation to that competition.
The Court so Recommends.
Signed on behalf of the Labour Court
18 November 2019Deputy Chairman
Enquiries concerning this Recommendation should be addressed to David Campbell, Court Secretary.