Worker

Employer

Anonymised Parties

A Worker

A Local Authority

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00003045

26/08/2024

The worker is a water caretaker and has been working for the respondent for a considerable period. His dispute is that he was appointed 1st on a panel for promotion in January 2022 and has not been appointed to date. The panel ran for two years and expired in January 2024.

The worker’s representative outlined the history of the dispute. Although the complainant was on a panel for two years, the local authority had numerous opportunities to appoint him and failed to do so. It was confirmed that the anticipated permanent vacancy did not materialise. An acting opportunity arose in 2022 and was filled from within the municipal area. Another vacancy arose which was filled by an internal re-assignment. Subsequently, another potential vacancy arose although this was filled by Uisce Eireann.

There is a currently a vacancy and it is claimed that the worker should be appointed to this post as he has already qualified through the earlier competition. His representative also submitted that the worker should be compensated for the loss of earnings he incurred due to the non-appointment.   

The employer raised a preliminary issue that this dispute may involve a body of workers. There was a collective agreement reached in June 2022 called the ‘Framework for Future Delivery of Water Services’. Although existing promotional panels were not specifically referenced in the framework agreement, the agreement deals with staff assignments over the transition period. The employer representative also stated that the panel had expired in January 2024 so the worker could not be appointed from the panel at this stage.

Notwithstanding the above, the employer’s representative outlined that there were no permanent vacant posts during the lifetime of the panel, so they could not have appointed the worker. An expected vacancy did not arise and the acting post was filled in accordance with the policy. The employer confirmed that there was a current vacancy and this would be filled by competition shortly.

In conducting my investigation, I have taken into account all relevant submissions presented. It is unusual that the worker was 1st on the panel and was not appointed over the 2-year period. The worker can rightfully feel aggrieved at not being appointed.

The employer explained that the expected vacancy did not arise. From June 2022 onwards, the framework agreement influenced the re-assignments within the local authority and with Uisce Eireann.

On the manner of filling the temporary vacancy in 2022, the acting policy allowed for this vacancy to be filled from within the municipal area as opposed to an appointment from the permanent panel.  On investigating the other vacancies that arose, these were either directly or indirectly linked to the framework agreement. Under these circumstances, I am satisfied that there was no vacancy that the worker was entitled to be appointed to.

The worker was unfortunate that the expected vacancy did not arise. From June 2022, the framework agreement influenced the filling of subsequent vacancies. As the framework agreement did not deal with lost opportunities to those on existing panels, I find that the employer has not breached any agreement or policy.

As outlined, due to both the direct and indirect implications of the framework agreement, I cannot make a recommendation in favour of the individual worker in this dispute.       

Lack of Promotion Opportunity