Labour Court overturns recommendation in Kerry County Council worker’s appeal

The Labour Court found in favour of a Kerry County Council worker and overturned a Rights Commissioner’s recommendation after finding he had not received a full explanation for his removal from children’s playground duties. The decision was signed on 4 November 2010. The worker, a general operative in the Council’s Tralee Roads Department, had been removed from the work in 2008. The Services Industrial Professional Technical Union appealed on his behalf, saying he had been the only general workforce member in the Tralee area qualified to inspect playgrounds. The Council said duties were reassigned after restructuring and specialist equipment maintenance was handled by the installers. The Court found the transfer was within the worker’s division and contract, but that he had not received a full explanation before the appeal hearing. An adequate explanation was the only remedy sought. The worker had since retired.