Labour Court Database __________________________________________________________________________________ File Number: CD91602 Case Number: LCR13493 Section / Act: S26(1) Parties: CLERYS & COMPANY - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
Claim by the Union concerning the withdrawal of a letter to an employee and Christmas trading.
Recommendation:
3. The Court has fully considered the views of the parties as
expressed in their oral and written submissions.
The Court must express it's serious disquiet at the delays in
progressing the case to a Court hearing, which the Court
considers are not conducive to the maintenance of good
industrial relations.
In respect of the letter from the Chief Executive to the
employee, the Court takes the view that in all the circumstances
the letter should be withdrawn. If the Company wished to
take issue with the employee the agreed procedures should have
been used which would have resulted in the employee being
appraised of the matters the Company found were unsatisfactory,
of enabling her to respond to the issues in writing or at a
meeting with management, in the presence of a colleague or
representative if she so desired.
In respect of the issue of overtime the Court notes the parties
agree that overtime is voluntary and at the option of the
employee who should not be subjected to pressure in this regard.
The Court also notes that the parties agree that management will
decide the staffing levels required.
The Court so recommends.
Division: MrMcGrath Mr Brennan Ms Ni Mhurchu
Text of Document__________________________________________________________________
CD91602 RECOMMENDATION NO. LCR13493
INDUSTRIAL RELATIONS ACT 1946 TO 1990
SECTION 26(1) OF INDUSTRIAL RELATIONS ACT 1990
PARTIES: CLERYS & COMPANY
(Represented by Federation of Irish Employers)
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. Claim by the Union concerning the withdrawal of a letter to
an employee and Christmas trading.
BACKGROUND:
2. Further to the Court's investigation of the above matter on
9th December, 1991, the following is the Court's recommendation.
RECOMMENDATION:
3. The Court has fully considered the views of the parties as
expressed in their oral and written submissions.
The Court must express it's serious disquiet at the delays in
progressing the case to a Court hearing, which the Court
considers are not conducive to the maintenance of good
industrial relations.
In respect of the letter from the Chief Executive to the
employee, the Court takes the view that in all the circumstances
the letter should be withdrawn. If the Company wished to
take issue with the employee the agreed procedures should have
been used which would have resulted in the employee being
appraised of the matters the Company found were unsatisfactory,
of enabling her to respond to the issues in writing or at a
meeting with management, in the presence of a colleague or
representative if she so desired.
In respect of the issue of overtime the Court notes the parties
agree that overtime is voluntary and at the option of the
employee who should not be subjected to pressure in this regard.
The Court also notes that the parties agree that management will
decide the staffing levels required.
The Court so recommends.
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Signed on behalf of the Labour Court
December, 1991 Tom McGrath
B.N./N.M.
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Deputy Chairman