Labour Court Database __________________________________________________________________________________ File Number: CD86707 Case Number: LCR10810 Section / Act: S67 Parties: R.T.E. - and - N.U.J. |
Claim for the re-instatement of a dismissed worker.
Recommendation:
7. The Court, having considered all aspects of this case,
considers that the actions of this worker were not motivated by a
desire to defraud the Authority and were foolish and naive rather
than dishonest. The Court finds that the action of the worker, in
attempting to justify the payment of the monies to the two
contributors, did not help his case either. In all the
circumstances the Court does not feel that the undoubted
irregularties in which this worker engaged warrant dismissal and
recommends that, provided he now agrees that there were
irregularities in the system he operated for the payment of money
to the two contributors, he should accept the time from his
dismissal until the end of 1986 as a period of suspension without
pay and that RTE should reinstate him with effect from the 1st
January, 1987. Such reinstatement need not be at the same level
or location but should be determined by RTE at its discretion.
Division: CHAIRMAN Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD86707 THE LABOUR COURT LCR10810
CC861299 INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. 10810
Parties: RADIO TELEFIS EIREANN (RAIDIO NA GAELTACHTA)
and
NATIONAL UNION OF JOURNALISTS
Subject:
1. Claim for the re-instatement of a dismissed worker.
Background:
2. The worker concerned was employed by Raidio na Gaeltachta
since its inception in 1972 and has been Regional Officer in
Donegal since 1974. As such he was responsible for the operation
of the local studios at Doire Beag where approximately ten other
people are employed. One of his functions was to organise the
collection and preparation of local news items for broadcast in
news bulletins.
3. On the 28th November, 1985, an anonymous typed letter with
photocopies of programme payment sheets and accounting ledger
sheets arrived at the R.T.E. internal audit office in Dublin.
This letter contained several allegations against the claimant
including:-
(a) that his office was used for political purposes during
the Udaras n Gaeltachta elections in 1985.
(b) that people were using his office like 'a dole queue'
to discuss matters not related to radio work.
(c) that two people were being paid fees for news items not
submitted by them.
(d) that he was submitting travel claims for journeys not
undertaken by him.
In December, 1985, a detailed investigation into payments to
contributors (non-Company personnel for the supply of local news
items to the Doire Beag Office) was carried out by the Head of
Internal Audit and the Personnel Administration Manager. Having
completed the investigation, Management was of the view that the
worker concerned had made alterations to daily news payment
summary sheets on a continuing basis between February and
November, 1985, after they had been completed and signed by the
news officer of the day and that he had mis-used Company funds by
making false returns which resulted in payments being made to two
individuals for news stories which were not supplied by them.
According to Management, the investigation also established that
the two named contributors involved received approximately #2,594
between them between February and November, 1985.
The claimant was informed of the outcome of the investigation
in February and was suspended pending the outcome of a formal
hearing in accordance with the disciplinary procedures of the
Company. This hearing took place over two days, the 6th and 26th
March, 1986, at which the claimant and his Union attended. As a
result of the hearing the Company concluded that:-
(a) the claimant had altered daily news payment sheets on
dates between February and November, 1985, after they
had been signed by the news officer of the day. This
was done without him countersigning the documents and
without him telling either the news officer who signed
the documents or his superiors that he was doing so.
(b) the two correspondents involved supplied very few
stories and certainly nothing like the numbers claimed.
(c) he used the payment system, in the manner described, to
pay the two correspondents for stories that they did
not supply.
(d) in view of his actions he should not be retained in
employment.
In a letter dated the 16th April, 1986, he was informed of the
outcome of the hearing and of his right to appeal to the Director
of Personnel. By letter dated 22nd April, the claimant indicated
that he wished to appeal the Board's findings and recommendation
and accordingly an Appeals Board was set up to consider his case.
Following a meeting of the Appeals Board on the 15th May, the
claimant was informed by letter, on the 27th May, that the
findings of the earlier hearing had been upheld and that
consequent to that, his employment was being terminated on the 1st
June, 1986.
4. Following a Union request, a meeting took place between
Management and the Union on the 18th June, and again on the 22nd
July. The Union indicated that it was considering pursuing the
matter by way of a civil action for wrongful dismissal or by way
of a claim for unfair dismissal before the Employment Appeals
Tribunal. By letter dated 30th July, the Union gave Management
notice of strike action by its members in Raidio na Gaeltachta.
This notice was to expire on the 27th August, 1986. Both parties
subsequently agreed to refer the matter to the conciliation
service of the Labour Court. A conciliation conference was held
on the 19th August which was adjourned with the threatened strike
action suspended. A recommened conference was held on the 2nd
September but no agreement was reached and the matter was referred
to the Labour Court for investigation and recommendation. A Court
hearing held on the 8th Spetember was adjourned and was reconvened
on the 23rd September, 1986.
Union's arguments:
5. (i) As Regional Officer in Donegal, one of the
claimant's main duties was to organise the
collection and preparation of local news items for
broadcast in news bulletins. Over the years he
experienced difficulty trying to organise and
maintain a network of local contacts, of people
willing to submit items of interest for news
bulletins. Usually the problem was one of
confidentiality. Many people did not wish to be
associated with providing information to Raidio na
Gaeltachta on sensitive issues like accidents,
illegal fishing, court cases, house fires, local
disputes and so on. The claimant, in recruiting
correspondents had to exercise care in his
selections. This required him to know the
background of persons he wished to recruit.
(ii) Two people in particular agreed to supply him with
news items, or tips about potential news items
provided their identities were not revealed as the
source of any story. They were not interested in
the #2 fee per item which they declared would be
given to charity. To put this arrangement into
practice it was necessary for the claimant and only
him, to receive all relevant information from the
two women concerned. This was done by way of
telephone, delivery of notes and through personal
conversation. One woman provided material on a
very regular basis while the other was not so
frequent.
(iii) The worker would then pass along the new items to
the news room for processing, checking and for
inclusion in the news bulletins without identifying
his sources. Such stories would be marked Foireann
(staff) by the news officer of the day as he or she
would not be aware of their origin. Later when the