Carlow County Council (Represented by Local Government Management Agency) v A Worker (Represented by Services Industrial Professional Technical Union)

• Jurisdiction: Ireland
• Judgment Date: 16 October 2018
• Judgment citation (vLex): [2018] 10 JIEC 1601
• Docket Number: FULL RECOMMENDATION DECISION NO.LCR21801 ADJ-00007632 CA-00010282-001/002
• Date: 16 October 2018
• Court: Labour Court (Ireland)

Labour Court

FULL RECOMMENDATION

CD/18/174

DECISION NO.LCR21801

ADJ-00007632 CA-00010282-001/002

PARTIES:

Carlow County Council (Represented by Local Government Management Agency)

and

A Worker (Represented by Services Industrial Professional Technical Union)

DIVISION:

Chairman: Mr Haugh

Employer Member: Mr Murphy

Worker Member: Mr Hall

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer Recommendation No; ADJ-00007632 CA-00010282-001/002.

BACKGROUND:

2 2. On 1 June 2018, the Adjudication Officer issued the following Recommendation:

3 In the case in hand … and the concession of a claim for a direct appointment of the Complainant, without going through the standard procedures, would not be wise.

4 However, as a caveat I would also recommend that the Confined Competition referred to in the Oral Hearing be organised and completed as expeditiously as possible.

5 In final conclusion and overall summary, the Union Claim as set out in Complaints CA-00010282-001 and CA-00010282-002 is not conceded.

6 The Worker appealed the Recommendation of the Adjudication Officer on 9 July 2018. A Labour Court hearing took place on 18 September 2018. The following is the Decision of the Court;

DECISION:

7 Background to the Dispute

8 The Worker has held the position of General Services Supervisor in Water Services with Carlow County Council on a temporary acting basis continuously since December 2014. He is seeking to have his appointment in that position confirmed on a permanent basis.

9 In 2016, Mr Joe McDermott was commissioned to carry out an independent review of posts in water services filled on temporary or long-term acting basis throughout the country. Mr McDermott recommended, inter alia, that 215 such posts should be regularised as permanent posts by Local Authorities “in line with current practice in the sector”.

10 The established custom and practice for the filling of posts such as that held by the Worker is by competition.

Recommendation

11 The Court recommends that the Council should proceed as expeditiously as possible to hold a confined competition to fill the position of General Services Supervisor, Water Services on a permanent basis.

12 The Court so recommends.

Signed on behalf of the Labour Court

Alan Haugh

JD______________________

16 October 2018 Deputy Chairman