Advertising positions internally

concussion

Hi folks, a friend of mine has been managing a store in lieu of the nominal Store Manager, who has been on sick leave for almost two years. Although she has taken on all roles and responsibilities of the position and is being paid a managers salary, she is not officially the store manager. A few days ago she saw the position of store manager posted on a job site but has had no contact from the company about it. My question is - is the company obliged to inform her if the position is being advertised publically? Also, if she did not see the advert, and was not informed by the company, could they hire a store manager and remove her from her current position?

I looked through the Citizens Infomation website but couldn't find and relevant answers to this particular query - all opinions/suggestions gratefully accepted!

gerrycollins

the short answer is yes the job should be advertised within the company not exactly the store specfically, if it is been advertised publically.

tenchi-fan

the short answer is "no".
Your friend is only acting manager and may not possess the required skills to be made a full-time, permanent manager (it seems her current position is temporary). There is nothing in her contract which states she should be offered first refusal of a manager position, let alone notification that that job is available.

gerrycollins

"Under the Protection of Employees (Fixed-term Work) Act 2003, you are eligible to apply for vacancies for permanent positions and your employer is also obliged to inform you of such vacancies. This is to ensure that, as a fixed-term worker, you have the same opportunities to access a permanent position as other employees.

Initially, you should take this issue up with your employer. If you continue to be excluded from promotional opportunities, you should contact your local union representative or union official , who will be able to advise you on this issue and provide appropriate support."

from unionconnect.ie

3DataModem

gerrycollins wrote: »

"Under the Protection of Employees (Fixed-term Work) Act 2003, you are eligible to apply for vacancies for permanent positions and your employer is also obliged to inform you of such vacancies. This is to ensure that, as a fixed-term worker, you have the same opportunities to access a permanent position as other employees.

Initially, you should take this issue up with your employer. If you continue to be excluded from promotional opportunities, you should contact your local union representative or union official , who will be able to advise you on this issue and provide appropriate support."

from unionconnect.ie

This is for contract and fixed term employees, not permanent employees.

It's there to allow contract staff access permanent vacancies, it does NOT require employers to advertise permanent roles to permanent staff.

chappy

Your friend has not been excluded as the job has been advertised publicly. I have been in almost the exact same position in the past and was overlooked for the position. In the long run it was good for me as the guy that was hired was a disaster and I applied for a bigger store in the company and got it 4 months later.

I would suggest your friend contact HR and express that she would like to take on the position permanently.

gerrycollins

3DataModem wrote: »

This is for contract and fixed term employees, not permanent employees.

It's there to allow contract staff access permanent vacancies, it does NOT require employers to advertise permanent roles to permanent staff.

When I worked in an environment where my hours while permanent my hours were flexible from 15 to 39 per week. The company was obliged to advertise positions within the company when they arose which gave us all a chance to gain a guarenteed 39 hours week. the only situation where the position were not advertised was when the roles were filled through promotion and the positions were never publically advertised.

for the op's friend,their company is under no obligation to directly inform them of the position or the circumstances they are engaging in as the op's friend does not hold the job title, however its best practise to in house advertise the role as well as publically as to remain an equal opertunities employer.

concussion

Thanks very much for all the replies. I must say I'm quite surprised that it's not a legal requirement; if she hadn't seen this (very obscure TBH) job ad she would have no idea that she was to be replaced, and would have no chance to apply for the contracted position. It's disgusting really.