Labour Court Database __________________________________________________________________________________ File Number: CD87127 Case Number: AD8722 Section / Act: S13(9) Parties: ROYAL VICTORIA EYE & EAR HOSP. - and - ITGWU |
Appeal by the Union against a Rights Commissioner's Recommendation concerning two and a half days' loss of pay to one porter.
Recommendation:
5. The Court, having considered the submissions made by the
parties, does not find any grounds for altering the Rights
Commissioner's recommendation which it upholds.
The Court so decides.
Division: Mr Fitzgerald Mr Collins Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87127 THE LABOUR COURT AD22/87
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
APPEAL DECISION NO. 22 OF 1987
Parties: ROYAL VICTORIA EYE & EAR HOSPITAL
(REPRESENTED BY THE FEDERATED UNION OF EMPLOYERS)
and
IRISH TRANSPORT AND GENERAL WORKERS' UNION
Subject:
1. Appeal by the Union against a Rights Commissioner's
Recommendation concerning two and a half days' loss of pay to one
porter.
Background:
2. On Tuesday, 18th November, 1986 the worker concerned, a
porter, was instructed by the head porter to shave himself at
lunch time. As he did not do so he was instructed, shortly after
mid-day, to clock out until management sent for him. In the
afternoon the worker spoke with the Secretary/Manager at which
meeting he stated that he was growing a beard. The
Secretary/Manager advised the worker not to report for work until
he had shaven. On Friday, 21st November the Secretary/Manager met
with the Union to discuss the incident and following assurances
from the union that the worker did intend to grow a beard, the
worker was allowed to re-start work on the 3 p.m. to 11 p.m. shift
that day. The worker was not paid for the 2.50 days he was not
working and management was not prepared to make any payment for
this period. The Union referred the matter to a Rights
Commissioner who held an investigation on 5th and 14th January,
1987 and on 15th January recommended as follows:-
"The worker is at least 50% responsible for his loss of
pay but I am recommending that the hospital refund one
and a half days to him."
The worker was named in the Rights Commissioners' recommendation.
The Union appealed this recommendation to the Labour Court under
Section 13(9) of the Industrial Relations Act, 1969. The Court
heard the appeal on 23rd March, 1987.
Union's arguments:
3. (i) This was the first occasion on which the worker was
spoken to by a supervisor about his appearance. He had
never previously been advised to shave.
(ii) It was the worker's intention to grow a beard. He was
not given an opportunity to explain this to the head
porter.
(iii) The worker lost two and a half days' pay plus a #3
allowance. He does not accept the Rights
Commissioner's statement that he is at least 50%
responsible for his loss of pay or the recommendation
to refund one and a half days' pay. The Union
considers that he should be refunded two and a half
days' pay plus the allowance.
Management's arguments:
4. (a) This worker has, on many occasions in the past,
appeared on duty with an untidy and unkempt appearance.
In some instances he had not shaved and was not wearing
a proper collar and tie. This type of appearance is
totally unacceptable to the hospital, particularly when
the worker is on duty at the main hospital entrance.
(b) On the morning of 18th November, 1986 a number of the
portering staff arrived on duty unshaven and all were
instructed to shave by the head porter. All did so
with the exception of this worker.
(c) The explanation that the worker was growing a beard was
not offered to the head porter when the issue was
initially raised. It was stated subsequently to the
Secretary/Manager.
(d) Management considers that the Rights Commissioner's
findings should stand.
DECISION:
5. The Court, having considered the submissions made by the
parties, does not find any grounds for altering the Rights
Commissioner's recommendation which it upholds.
The Court so decides.
~
Signed on behalf of the Labour Court
Nicholas Fitzgerald
________________________
16th April, 1987
A.K./J.C. Deputy Chairman