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Labour Court allows Dublin City Council appeal and sets aside worker’s recommendation

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court allowed Dublin City Council’s appeal and set aside a Rights Commissioner recommendation that a worker retain Senior Staff Officer terms and remuneration. The decision was signed on 2 October 2015. The dispute concerned the worker’s return from a temporary Clerk of Works post to his substantive Craft Gardener grade. The union sought his restoration to the Clerk of Works position, while the council said he had been told he would return to his substantive grade when the temporary appointment ended. The Court found that the appointment letter clearly stated the post was temporary and that the worker would return to his substantive grade when it expired. It concluded that the earlier recommendation could not stand and set it aside.

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