FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : SOUTHERN HEALTH BOARD - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Ms Owens Employer Member: Mr Keogh Worker Member: Ms Ni Mhurchu |
1. Appeal against Rights Commissioner's Recommendation RC563/97.
BACKGROUND:
2. The dispute concerns one worker, who had been employed by the Board as a theatre porter at Mallow General Hospital, from September, 1971 until February, 1995. On the 2nd of February, 1995, an incident took place whereby a box of chocolates, the property of a patient, was taken home by the worker. He was suspended without pay for almost 2 months and was subsequently re-deployed by the Board, as a general operative, to the North Cork District Labour Unit, where he is currently employed. The matter was the subject of a civil court case following which the Probation Act was applied. The Union appealed on several occasions against the severity of the punishment imposed by the Board on the worker, based mainly on the worker's excellent long service and on the grounds that the punishment outweighed the crime. The Board rejected the Union's appeals and the matter was referred to a Rights Commissioner for investigation and recommendation. The Rights Commissioner investigated the matter and found that the disciplinary actions taken by the Board was reasonable in the circumstances and should not be amended. He recommended that the Board's action should stand and the Union's claim should fail. The Union appealed the Rights Commissioner's Recommendation to the Labour Court, on the 10th of November, 1997, in accordance with Section 13(9) of the Industrial Relations Act, 1990. The Court heard the appeal, in Cork, on the 25th of February, 1998.
UNION'S ARGUMENTS:
3. 1. The decision reached by the Board was too severe and the punishment in this case far outweighed the crime. The box of chocolates was of relatively little value whereas the worker has lost 6 week's pay at £208.89 per week.
2. Although the Rights Commissioner pointed out that hospitals and similar institutions have to respond strongly to such incidents, the punishment was too severe, especially when considering the worker's 23 years' excellent service for the Board.
BOARD'S ARGUMENTS:
4. 1. Theft is not acceptable on any occasion but is a particularly serious matter when it involves an employee who has been put in a position of trust.
2. Instead of dismissing the worker, the Board imposed a period of suspension and, subsequently, allowed the worker to resume his duties in a different area. The Board has treated the worker favourably and is not now in a position to redeploy him back to Mallow General Hospital as a theatre porter.
DECISION:
Having considered the submissions and the background to this case, the Court has concluded that the Rights Commissioner's recommendation is not unreasonable and should be upheld.
However, allowing for the nature of the incident, the passage of time and the appellant's length of service, the Court recommends that the Board give consideration to restoring him to the grade of Porter when a vacancy occurs.
Signed on behalf of the Labour Court
Evelyn Owens
13th of March, 1998______________________
M.K./S.G.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Michael Keegan, Court Secretary.