Labour Court Database __________________________________________________________________________________ File Number: CD92676 Case Number: AD92239 Section / Act: S13(9) Parties: QUINNSWORTH - and - IRISH NATIONAL UNION OF VINTNERS', GROCERS' |
Appeal by a worker against Rights Commissioner Recommendation (BC252/92) concerning unfair treatment.
Recommendation:
4. Having considered the submissions of the parties, the Court
does not consider that the Union has made a compelling case to
alter the Rights Commissioner's recommendation.
Accordingly, the Court decides that the Rights Commissioner's
recommendation should stand.
Division: Mr Heffernan Mr McHenry Mr Rorke
Text of Document__________________________________________________________________
CD92676 APPEAL DECISION NO. AD23992
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 13(9) INDUSTRIAL RELATIONS ACT, 1969
PARTIES: QUINNSWORTH
AND
IRISH NATIONAL UNION OF VINTNERS', GROCERS'
AND ALLIED TRADES ASSISTANTS
SUBJECT:
1. Appeal by a worker against Rights Commissioner Recommendation
(BC252/92) concerning unfair treatment.
BACKGROUND:
2. 1. The worker was employed in the Bray Branch of
Quinnsworth as a Store (Security) Officer from 25th May, 1989.
On the 23rd March, 1992 the worker asked a bread delivery
sales representative for a sample and was given two boards of
bread. These he exchanged, with the permission of the
Assistant Manager, for a bottle of spirits.
2. The Company accused the worker of soliciting the bread
sample which was a breach of company samples policy and an
investigation was carried out. Following Union
representation, the Company imposed the following disciplinary
measures:-
(a) One weeks suspension without pay,
(b) a transfer from Quinnsworth in Bray to Crazy Prices
in Sandyford,
(c) a written warning and
(d) he was no longer permitted to accept samples from
suppliers.
3. The worker transferred to Crazy Prices in Sandyford on
the 14th April, 1992. The Union contended that the worker was
unfairly treated. The matter was referred to a Rights
Commissioner who investigated the dispute on the 6th October,
1992 and who issued a recommendation on the 12th October,
1992:-
"In the light of the above it is my conviction that
Quinnsworth has not acted unfairly with regard to the
implications of the agreed transfer of the worker from
Bray to Sandyford. Therefore the claim for
compensation must fail.
However, I would urge the Company that should the
worker make application for a transfer to a store where
the working arrangements and overtime pattern are
similar to what is usual in the Bray store then
sympathetic consideration should be given to his
application".
4. The Rights Commissioner's recommendation was rejected by
the worker and Union and appealed to the Labour Court on the
28th October, 1992. The Court heard the appeal on the 3rd
December, 1992.
UNION'S ARGUMENTS:
3. 1. Soliciting samples was not unusual in the Company.
2. An unrelated incident which occurred in August, 1991
would appear to have been taken into account when applying
disciplinary action.
3. The transfer of the worker resulted in a loss in
earnings to him of approximately #48 gross per week.
COMPANY'S ARGUMENTS:
4. 1. The offence was a breach of Company samples policy and
in the past has led to the dismissal of workers.
2. Overtime for Store (Security) Officers in the Sandyford
store has been worked on a "time off in lieu" basis, by
arrangement with the Manager. This practice exists in many
stores throughout the Company.
3. There was no commitment from Management that the
arrangement in the Sandyford store would be changed to prevent
loss of earnings for the worker.
4. The transfer arose from the worker's own actions which
undermined his standing in the Bray store.
DECISION:
4. Having considered the submissions of the parties, the Court
does not consider that the Union has made a compelling case to
alter the Rights Commissioner's recommendation.
Accordingly, the Court decides that the Rights Commissioner's
recommendation should stand.
~
Signed on behalf of the Labour Court
Kevin Heffernan
5th January, 1993 ----------------
P. O'C/U.S. Chairman