Labour Court Database __________________________________________________________________________________ File Number: CD91162 Case Number: AD9131 Section / Act: S13(9) Parties: MONARCH PROPERTIES - and - A WORKER |
Appeal by the worker against Rights Commissioner's recommendation B.C. 333/90 concerning alleged unfair dismissal.
Recommendation:
5. Having considered the submissions made by the parties the
Court is of the opinion that the Rights Commissioner's
recommendation should stand.
The Court so decides.
Division: Mr O'Connell Mr Collins Mr Devine
Text of Document__________________________________________________________________
CD91162 APPEAL DECISION NO. AD3191
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: MONARCH PROPERTIES
and
A WORKER
SUBJECT:
1. Appeal by the worker against Rights Commissioner's
recommendation B.C. 333/90 concerning alleged unfair dismissal.
BACKGROUND:
2. The worker concerned commenced employment with the Company at
the Square Towncentre, Tallaght on the 12th November, 1990 as a
trolley operative. The main function of a trolley operative is to
collect all trolleys immediately customers are finished with them
in the car park areas or within the Centre, and return these
trolleys to the trolley bays for the use of other customers. The
worker concerned was dismissed on the 7th December, 1990 on the
grounds that he was guilty of serious misbehaviour and misuse of
the Company's property. He was accused by Management of riding on
a trolley in the car park. The worker claimed that his dismissal
was unfair and referred the dispute to a Rights Commissioner on
the 7th December, 1990. On the 27th February, 1991 the Rights
Commissioner issued his recommendation as follows -
"In the light of the submissions made I must find that Monarch
Properties did not act unfairly in terminating the worker's
employment on the date in question."
(The worker was named in the Rights Commissioner's
recommendation).
The worker rejected the Rights Commissioner's recommendation and
on the 5th March, 1991 appealed it to the Labour Court under
Section 13(9) of the Industrial Relations Act, 1969. A Court
hearing was held on the 10th April, 1990.
WORKER'S ARGUMENTS:
3. 1. It should be pointed out that nowhere in the job
specification for trolley operatives (details supplied to the
Court) does it state that scooting or riding on trolleys is
not allowed. The worker concerned never received a copy of
the job specification on commencing employment.
2. The worker concerned was aware that scooting or riding on
trolleys should not be done and would like to state that
another worker jumped into the trolley before the worker
concerned could stop him. The worker concerned was pushing
the trolley and told the other worker to get out of it
otherwise they both would be in trouble.
3. It was at this juncture that the trolley supervisor
stopped the worker concerned and without giving him a chance
to explain the situation dismissed him. The worker concerned
did not scoot the trolley he just pushed it and he could not
stop the other worker jumping in it.
4. The worker concerned would like to be given another chance
of employment with the Company and would guarantee that no
such incident would occur again.
COMPANY'S ARGUMENTS:
4. 1. On the night of 7th December, 1990 the trolley supervisor
observed the worker concerned and another worker riding on a
trolley in the West car park. The worker was pushing a
trolley with the other worker in it. Both were supposed to be
collecting trolleys in the West car park and bringing them to
the North car park at the time.
2. The supervisor then went over to the two workers and
informed them that in the interests of safety to the public,
to the Company's property and to themselves, they were to
cease employment at the Square. Two weeks prior to this
incident the worker concerned was cautioned by the supervisor
for scooting around on trolleys in the East car park.
3. On commencement of employment all trolley operatives are
informed of their duties and warned specifically about
scooting or riding on trolleys, and the possibility of causing
damage to the public or to themselves, and to cars.
4. The trolley management system in operation at The Square
Shopping Centre is quite a complex operation. There are 2,500
trolleys in use in The Square at any one time. Consequently
the co-operation of all trolley operatives is essential in the
efficient operation of the entire system. For this purpose a
high standard of behaviour and discipline is required from the
trolley operatives. All trolley operatives are taken on for a
three month probationary period.
DECISION:
5. Having considered the submissions made by the parties the
Court is of the opinion that the Rights Commissioner's
recommendation should stand.
The Court so decides.
~
Signed on behalf of the Labour Court
John O'Connell
_________________________
17th April, 1991 Deputy Chairman.
T.O'D./J.C.