Labour Court Database __________________________________________________________________________________ File Number: CD87648 Case Number: LCR11540 Section / Act: S20(1) Parties: TELECOM EIRANN - and - MR. CIARAN O'ROURKE |
Claims by a worker concerning: (a) Promotion (b) Disciplinary action (c) Monies due.
Recommendation:
3. Having considered the submissions made by the parties the
Court recommends as follows on the issues upon which it is
entitled to make recommendations.
(1) Promotion:
The Court takes the view that no irregularity occurred
in the selection for promotion and therefore recommends
that no further action on this issue is required.
(2) Disciplinary Action:
On this issue the Court is of the opinion that the
action taken was warranted and therefore recommends
that the fine imposed should stand. However to assist
in the restoration of mutual confidence between the
parties the Court further recommends that the record of
the offence should be deleted with immediate effect.
(3) Monies Due:
Since it is possible for the worker concerned to have
travelled the distances claimed even allowing for
having taken the time off, the Court recommends that on
this occasion the claimed travel expenses should be
paid on resubmission of the original claim.
Division: Mr O'Connell Mr McHenry Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD87648 THE LABOUR COURT LCR11540
SECTION 20(1)
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
RECOMMENDATION NO. LCR11540
Parties: TELECOM EIREANN
and
A WORKER
SUBJECT:
1. Claims by a worker concerning:
(a) Promotion
(b) Disciplinary action
(c) Monies due.
BACKGROUND:
2. In July, 1987 the worker referred various matters to the
Rights Commissioner's service however, the Company was not
agreeable to such an investigation. On 17th August, 1987 the
worker referred the matters to the Labour Court under Section
20(1) of the Industrial Relations Act, 1969 for investigation and
recommendation. The worker agreed to be bound by the Court's
recommendation. Labour Court hearings took place on 24th
September, 1987, 13th October, 1987 and 5th November, 1987. The
following is the recommendation of the Court:-
RECOMMENDATION:
3. Having considered the submissions made by the parties the
Court recommends as follows on the issues upon which it is
entitled to make recommendations.
(1) Promotion:
The Court takes the view that no irregularity occurred
in the selection for promotion and therefore recommends
that no further action on this issue is required.
(2) Disciplinary Action:
On this issue the Court is of the opinion that the
action taken was warranted and therefore recommends
that the fine imposed should stand. However to assist
in the restoration of mutual confidence between the
parties the Court further recommends that the record of
the offence should be deleted with immediate effect.
(3) Monies Due:
Since it is possible for the worker concerned to have
travelled the distances claimed even allowing for
having taken the time off, the Court recommends that on
this occasion the claimed travel expenses should be
paid on resubmission of the original claim.
~
Signed on behalf of the Labour Court
John O'Connell
_______________________
23rd November, 1987. Deputy Chairman
U.M./J.C.