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COMHAIRLE NAN EILEAN SIAR

APPEALS PANEL - PERSONNEL

Minute of Meeting held in the Council Offices, Stornoway, on Friday, 2 February 2001 at 10.00am.

PRESENT

Mr Donald Maclean (Chairman)

Mr Malcolm J Macleod

Mr Donald M Mackay

Mr Norman M Macleod

Mr Archie Campbell

CONSTITUTION

Chairman

1

It was agreed to appoint Mr Donald Maclean as Chairman of the Panel.

GRIEVANCES

It was agreed that the public, including the press, be excluded from the meeting during consideration of the following item on the grounds that exempt information in terms of Schedule 7A of the Local Government (Scotland) Act 1973 as defined in Standing Order 26(a) would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee of, or a particular officer-holder or former officer-holder, or applicant to become an office-holder under, the Comhairle.

Grievance Appeal

2

The Committee Services Manager submitted a report regarding a grievance submitted on behalf of Mrs Effie Macdonald, Registrar, Stornoway, against the decision by the Director of Corporate Services not to offer additional hours in the Stornoway Registration Office following the Comhairle's decision to continue with full day opening of the office after the end of a trial period. Statements of case submitted on behalf of Mrs Macdonald and the Director of Corporate Services were appended to the report.

Mr Alistair Maclennan, Branch Secretary, UNISON, representing the appellant, Mrs Effie Macdonald, the appellant, and Mr David O'Loan, Director of Corporate Services were invited into the meeting.

The Panel's attention was drawn to the Statement of Case submitted by UNISON in which the grounds of appeal had appeared to change from that originally presented. Mr Maclennan circulated additional papers to support the amended grounds of appeal. The Panel was asked to determine if it wished to consider the grievance on the basis of the grounds now presented by UNISON.

The parties left the meeting while the Panel considered whether to proceed on the basis of the grounds now presented or on the basis of the grievance originally submitted.

It was agreed to proceed to consider the grievance on the basis of the grounds set out in the Statement of Case submitted by UNISON and circulated to the Panel.

The parties were recalled into the meeting and advised of the Panel's decision.

Mr Maclennan presented the case for Mrs Macdonald. After the case had been presented, the opportunity was afforded to Mr O'Loan and the members of the Panel to ask questions of Mr Maclennan.

Mr O'Loan presented the case for the Comhairle. After the case had been presented, the opportunity was afforded to Mr Maclennan and the members of the Panel to ask questions of Mr O'Loan.

After final summing up, the parties left the meeting.

After full consideration of the cases presented the Panel agreed that the grounds of the appeal had been substantiated and the appeal be upheld.

The parties were recalled into the meeting and advised of the decision of the Panel.

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PRESENT	Mr Donald Maclean (Chairman)
	Mr Malcolm J Macleod	Mr Donald M Mackay
	Mr Norman M Macleod	Mr Archie Campbell

		CONSTITUTION
Chairman	1	It was agreed to appoint Mr Donald Maclean as Chairman of the Panel.
		GRIEVANCES
		It was agreed that the public, including the press, be excluded from the meeting during consideration of the following item on the grounds that exempt information in terms of Schedule 7A of the Local Government (Scotland) Act 1973 as defined in Standing Order 26(a) would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee of, or a particular officer-holder or former officer-holder, or applicant to become an office-holder under, the Comhairle.
Grievance Appeal	2	The Committee Services Manager submitted a report regarding a grievance submitted on behalf of Mrs Effie Macdonald, Registrar, Stornoway, against the decision by the Director of Corporate Services not to offer additional hours in the Stornoway Registration Office following the Comhairle's decision to continue with full day opening of the office after the end of a trial period. Statements of case submitted on behalf of Mrs Macdonald and the Director of Corporate Services were appended to the report. Mr Alistair Maclennan, Branch Secretary, UNISON, representing the appellant, Mrs Effie Macdonald, the appellant, and Mr David O'Loan, Director of Corporate Services were invited into the meeting. The Panel's attention was drawn to the Statement of Case submitted by UNISON in which the grounds of appeal had appeared to change from that originally presented. Mr Maclennan circulated additional papers to support the amended grounds of appeal. The Panel was asked to determine if it wished to consider the grievance on the basis of the grounds now presented by UNISON. The parties left the meeting while the Panel considered whether to proceed on the basis of the grounds now presented or on the basis of the grievance originally submitted. It was agreed to proceed to consider the grievance on the basis of the grounds set out in the Statement of Case submitted by UNISON and circulated to the Panel.
		The parties were recalled into the meeting and advised of the Panel's decision. Mr Maclennan presented the case for Mrs Macdonald. After the case had been presented, the opportunity was afforded to Mr O'Loan and the members of the Panel to ask questions of Mr Maclennan. Mr O'Loan presented the case for the Comhairle. After the case had been presented, the opportunity was afforded to Mr Maclennan and the members of the Panel to ask questions of Mr O'Loan. After final summing up, the parties left the meeting.
		After full consideration of the cases presented the Panel agreed that the grounds of the appeal had been substantiated and the appeal be upheld. The parties were recalled into the meeting and advised of the decision of the Panel.
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