LCR23248

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00053809 (CA-00065610 IR-SC-00003045)

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 2 April 2025 in accordance with Section 13(9) of the Industrial Relations Act, 1969. 

A Labour Court hearing took place on 26 February 2026.

RECOMMENDATION:

This is a claim on behalf of a Worker who is employed as a Grade V Water Caretaker. On 9 November 2021 a competition for position as General Services Supervisor (GSS) was advertised. Following an interview process the Complainant was placed first on a panel of six. The panel was created on 28 January 2022 for one year and was subsequently extended for a second year to 27 January 2024.

The Union submitted that during the lifetime of the panel two vacancies arose. The first in March 2022 in Bagenalstown and the second in Carlow town late 2023. Neither positions were offered to the Worker even though he was first on the panel. It is the Union’s position that the Worker was denied fair and proper consideration for these positions.

It is the Union’s position that arising from the failure of the Employer to appoint him to either of those two positions, he is suffering ongoing loss and should be compensated for same. The panel has now expired.

The Employer submitted that there were no permanent vacancies during the lifetime of the panel. During that period Water Services operated by the Council were the subject of a Framework Agreement for the future delivery of water services with Uisce Eireann. The post the Worker has referred to in Banglatown was a temporary vacancy which was filled in line with the Council’s acting up policy whereby it is filled from the relevant municipal area/section. In that case the vacancy was not in the Water Section and therefore the Worker was not eligible to be considered for same. The second post identified by the Union in Carlow was filled by reassignment in accordance with the Framework Agreement.

It is the Employer’s position that no permanent fillable vacancies arose during the lifetime of the panel. Post the expiry of the panel a vacancy did arise, but the Worker did not compete for same.

The Court notes that the Complainant did not invoke a grievance in respect of the filling of the two posts he is referencing within the lifetime of the panel and only sought to raise it as an issue some eight months after the panel expired. No explanation was forthcoming as to why his concerns were not raised at the time the Bagnelstown and / or Carlow post were filled. The Court having considered the submissions of the parties both written and oral and reviewed the relevant policies finds that the Council operated within the agreed policies.

The Court finds no basis to recommend concession of the Workers claim.

	Signed on behalf of the Labour Court
	Louise O'Donnell
ÁM	______________________
14th April 2026	Chairman

NOTE

Enquiries concerning this Decision should be addressed to Ms Áine Maunsell, Court Secretary.