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

• Jurisdiction: Ireland
• Judgment Date: 25 October 2018
• Judgment citation (vLex): [2018] 10 JIEC 2502
• Docket Number: FULL RECOMMENDATION DECISION NO.LCR21800 ADJ-00008655 CA-00011351-001
• Date: 25 October 2018
• Court: Labour Court (Ireland)

Labour Court

FULL RECOMMENDATION

CD/18/237

DECISION NO.LCR21800

ADJ-00008655 CA-00011351-001

PARTIES:

Galway County Council Represented by Local Government Management Agency

and

A Worker (Represented by Services Industrial Professional Technical Union)

DIVISION:

Chairman: Mr Foley

Employer Member: Ms Doyle

Worker Member: Ms Tanham

SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969

SUBJECT:

1 1. Appeal of Adjudication Officer Recommendation No.ADJ-00008655.

BACKGROUND:

2 2. This matter was referred to an Adjudication Officer for investigation and Recommendation. On 8 August 2018 the Adjudication Officer issued the following Recommendation:-

• “I am satisfied that there are significant issues raised in this case, however it is not for me to adjudicate or make recommendation in response to the fact that they have been referred to here. Suffice it to say that they are of collective import and should be raised in the appropriate forum.

Concerning the petition for a recommendation for appointment to the disputed role I feel bound to follow the lead of the Labour Court in LCR20634” .

3 The Worker appealed the Adjudication Officer's Recommendation to the Labour Court on 24 August 2018 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

4 A Labour Court hearing took place on 9 October 2018.

DECISION:

5 The Court has considered carefully the written and oral submissions of the parties. The Court appreciates the dissatisfaction of the Appellant following on from his placement in 8 ^th position on the panel formed in November 2016 for appointment of General Services Supervisors with the Respondent arising from the conduct of a competition.

6 The Court has been given to understand that the competition in question was conducted in accordance with relevant statute and collective agreements. The Court has been made aware that two candidates were appointed from the competition and that the panel in question has now expired.

7 The Court has been given no basis to understand how, having regard to the fact that the process of appointment of staff in the sector is governed by statute and collective agreements, it could intervene in this matter.

8 In all of the circumstances therefore the Court is unable to concede the Appellant's claim and the appeal must fail.

9 The Court so recommends.

Signed on behalf of the Labour Court

Kevin Foley

LS______________________

25 October 2018 Chairman