FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WESTMEATH COUNTY COUNCIL - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Employer Member: Worker Member: |
1. Appeal against Rights Commissioner Recommendation CW 340/95.
BACKGROUND:
2. In July, 1995 the Council introduced a wheelie bin service to replace the traditional refuse collection. On 6th September, 1995 and 7th September, 1995 an employee who was substituting for a Refuse Collector refused to lift refuse bags on the grounds that all refuse should have been contained in the wheelie bin supplied. He claimed that his health and safety may also have been at risk. He was given a formal verbal warning and, following a disciplinary hearing on 21st September, 1995, he was informed that he would be suspended for one week without pay.
The Union referred the dispute to a Rights Commissioner for an investigation on 23rd November, 1995. His recommendation issued on 6th December, 1995 as follows:-
"I recommend that the warning and the suspension without pay for one week should stand (but be postponed now for a couple of months) and that (the worker) is restored to refuse duties as soon as is practical."
The Union appealed the recommendation on 4th January, 1996 to the Labour Court in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal in Mullingar on 14th May, 1996, the earliest date suitable to the parties.
UNION'S ARGUMENTS:
3. 1. The worker concerned has been a loyal employee for over eleven years and has never been the subject of disciplinary action. On this occasion he acted imprudently and totally out of character. He has agreed to abide by the agreed procedures for resolving disputes in the future.
2. On two occasions the Council notified householders by circular that only refuse contained in wheelie bins would be collected. Local management also instructed bin crews not to lift refuse which was not contained in the bins. The penalty imposed on the worker is unfair and excessive, as the order to lift refuse bags on 6th and 7th September was contrary to the Council's previous stated policy.
COUNCIL'S ARGUMENTS:
4. 1. A thorough investigation was carried out and the Union's appeal was fully considered. Health and safety were not an issue as initially claimed by the worker. The worker should also have followed correct procedures and worked under protest while his complaint was investigated.
2. The worker failed to carry out a lawful and proper instruction and, as a result, disciplinary action was warranted. In the circumstances the action taken was not excessive.
APPEAL DECISION:
Having considered the submissions and arguments, the Court is of the view that the Rights Commissioner's Recommendation should be upheld.
The Court, accordingly, rejects the appeal and so decides.
Signed on behalf of the Labour Court
Evelyn Owens
28th May , 1996.______________________
D.G./U.S.Chairman
NOTE
Enquiries concerning this Appeal Decision should be addressed to Dympna Greene, Court Secretary.