Fingal County Council v A Worker

• Jurisdiction: Ireland
• Judgment Date: 27 February 2018
• Judgment citation (vLex): [2018] 2 JIEC 2701
• Court: Labour Court (Ireland)
• Date: 27 February 2018
• Docket Number: ADJ-00008876 CA-0011795-001,FULL RECOMMENDATION,DECISION NO. LCR21667

Labour Court (Ireland)

FULL RECOMMENDATION

CD/18/5

DECISION NO. LCR21667

ADJ-00008876 CA-0011795-001

PARTIES:

Fingal County Council

and

A Worker

DIVISION:

Chairman: Mr Foley

Employer Member: Ms Connolly

Worker Member: Ms Treacy

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer Decision No. ADJ-00008876.

BACKGROUND:

2 2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On the 28 November, 2017 the Adjudication Officer issued the following Recommendation:-

• “This complaint is misconceived, totally without merit and it fails”.

3 The Worker appealed the Adjudication Officer's Decision to the Labour Court on the 4 January, 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

4 A Labour Court hearing took place on the 14 February, 2018.

DECISION:

5 The Court has considered carefully the written and oral submissions of the parties.

6 The Court clarified at the hearing that, in accordance with the Industrial Relations Act, 1969 at Section 13(10), it has no jurisdiction to hear matters addressed in Adjudication Officer decision number ADJ-0000833 which has not been appealed to the Court. That decision related to a claim from the Trade Union that the Claimant in the within matter be graded as Grade 5 in respect of his work in the Internal Audit Unit. That decision disposed of that claim and did not afford to the Claimant the grade of Grade 5.

7 The matter before the Court is an appeal of Adjudication Officer decision number ADJ-00008876.

8 The Claimant seeks the ‘restoration’ to him of Grade 5 arising from his work in the Internal Audit Unit of the Council and his transfer to the Internal Audit unit at that grade. Notwithstanding that the within matter is closely aligned with his earlier claim which was disposed of by Adjudication Officer decision number ADJ-0000833, the Court has accepted that the distinction, while minimal, is sufficient to allow the Court to accept jurisdiction to hear the within appeal.

9 The Court notes that the Trade Union was not able to provide the Court with any understanding as to how the arrangements for promotion of staff in the Council, which are, according to the Council, governed by Statute and collective agreements, could be applied so as to empower the Council to promote the Claimant on foot of a Recommendation from this Court.

10 The Council clarified to the Court that the Claimant has not...