Labour Court disallows union appeal over Waterford City Council promotion process

The Labour Court disallowed the Services Industrial Professional Technical Union’s appeal over a Waterford City Council promotion process and upheld the Rights Commissioner’s recommendation. The Court signed its decision on 8 December 2010. The dispute concerned a general operative who sought a permanent refuse truck operative position. He was placed on a panel, but not enough vacancies arose for him to be appointed. The union argued his more than 14 years of experience should have determined the outcome. The Council said the process had been agreed at the union’s request and had been followed, and that the worker was deemed suitable. The Court said it could not replace the employer’s assessment of candidates unless the selection process was unfair or the result irrational. It found neither and upheld the Rights Commissioner’s recommendation, disallowing the appeal.