Eamon Gilmore (Dún Laoghaire, Labour)
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Question 299: To ask the Minister for Enterprise, Trade and Employment if a labour inspector was transferred from his Department to the Employment Appeals Tribunal in May 2003; if the inspector concerned disputed the transfer; if the Civil Service mediator recommended this person's return to the labour inspectorate in August 2004; the reason for the delay in returning the inspector concerned to the labour inspectorate in view of the acknowledged shortage of labour inspectors; and if he will make a statement on the matter. [12131/05]

Tony Killeen (Clare, Fianna Fail)
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In May 2003, two labour inspectors were transferred temporarily to the Employment Appeals Tribunal to assist in dealing with a backlog caused by an increase in the volume of cases submitted to the tribunal. One of the officers concerned disputed the proposed transfer and the grievance procedure was invoked. The civil service mediator recommended that the transfer proceed and that the officer be considered for return to the labour inspectorate in the future.

The officer duly took up duty in the Employment Appeals Tribunal in September 2003. Subsequently the matter was again referred to the Civil Service mediator and the mediator recommended in August 2004 that the officer be returned to the labour inspectorate. The officer was informed in writing on 25 August 2004 of the proposed return to the labour inspectorate subject to completion of reconciliation of outstanding absences with the individual's current line managers. The line managers asked the officer on three separate occasions in August and September 2004 to reconcile the outstanding absences but no response was received to any of these requests.

The personnel officer of my Department met the officer and a union representative on 12 October 2004 and pointed out that the only obstacle to the return to the labour inspectorate was the failure to reconcile the flexitime attendance. The officer refused to discuss the matter at the meeting. The personnel officer wrote to the officer on 21 October 2004 requesting a reconciliation of the flexitime attendance and attached the details of the relevant absences in so far as the Department was aware of them. No response was received. On two separate occasions in December 2004 and January 2005 the personnel officer requested the officer to meet him to discuss the matter but on both occasions the meeting was cancelled on the morning of the day it was to take place due to the illness of the officer concerned.

It is clear from the foregoing that the Department accepted the mediator's recommendation and initiated the process quickly in the expectation that the officer would be assigned to the labour inspectorate by early September 2004. The officer's continuing failure to comply with the normal regulations governing attendance, which apply to all staff of whatever grade using flexitime, is the sole obstacle to re-assignment to the labour inspectorate.