Labour Court Database __________________________________________________________________________________ File Number: CD88968 Case Number: LCR12197A Section / Act: S67 Parties: TCL/PHILLIPS COMMUNICATIONS LIMITED - and - AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION |
Proposed dismissal of one worker.
Recommendation:
It is agreed by both parties that the procedures have been
meticulously adhered to by the Company in this case. It is also
accepted by both parties that the claimant's time-keeping record
has been particularly poor. The Court has considered the
mitigating circumstances advanced by the Union on the claimant's
behalf but if of the view that they were not of sufficient
substance to justify a recommendation from the Court that there
should be any departure from the agreed procedures. The Court
does not, therefore, recommend concession of the Union's claim.
However, in the interest of maintaining good industrial relations
which are essential to the welfare of the business, the Court is
of the view that the Union should withdraw its notice of intention
to take industrial action and that the Company, for its part,
should, within the coming year, consider re-employing the claimant
on a probationary basis.
Division: Mr Fitzgerald Mr Heffernan Mr Walsh
Text of Document__________________________________________________________________
CD88968 RECOMMENDATION NO. LCR12197A
INDUSTRIAL RELATIONS ACT, 1969
SECTION 20(1)
PARTIES: TELECOMMUNICATIONS LIMITED/PHILLIPS
AND
AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION
SUBJECT:
1. Proposed dismissal of one worker.
BACKGROUND:
2. The dispute was referred by the Union to the Labour Court on
22nd December, 1988, under Section 20(1) of the Industrial
Relations Act, 1969. A Court hearing took place on 23rd December,
1988. The following is the Court's recommendation.
RECOMMENDATION:
3. It is agreed by both parties that the procedures have been
meticulously adhered to by the Company in this case. It is also
accepted by both parties that the claimant's time-keeping record
has been particularly poor. The Court has considered the
mitigating circumstances advanced by the Union on the claimant's
behalf but if of the view that they were not of sufficient
substance to justify a recommendation from the Court that there
should be any departure from the agreed procedures. The Court
does not, therefore, recommend concession of the Union's claim.
However, in the interest of maintaining good industrial relations
which are essential to the welfare of the business, the Court is
of the view that the Union should withdraw its notice of intention
to take industrial action and that the Company, for its part,
should, within the coming year, consider re-employing the claimant
on a probationary basis.
~
Signed on behalf of the Labour Court,
Nicholas Fitzgerald
__23rd__December,__1988. _______________________
A. K. / M. F. Deputy Chairman