FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : KERRY GROUP PLC - AND - A WORKER DIVISION : Chairman: Mr Flood Employer Member: Mr Pierce Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation No. RC1/97 concerning a verbal warning and alteration of duties.
BACKGROUND:
2. The worker concerned commenced employment with Kerry Agribusiness at its Kenmare Branch in August, 1982. Kerry Agribusiness is part of the Kerry Group and has a range of farm shops to provide for feedstuffs, fertilisers and other input needs of local farmers. From the commencement of her employment, the worker, as part of her duties, was responsible for making bank lodgements on behalf of the Branch.
The dispute before the Court concerns an incident on the 26th of September, 1996 involving the loss of £800 in cash which led to management issuing a verbal warning and altering the worker's cash lodgement duties. The worker considered that the warning was a slur on her integrity and unblemished record and sought that the recorded warning be formally withdrawn. Local level discussions failed to resolve the issue and the matter was referred to a Rights Commissioner for investigation and recommendation. On the 28th of October, 1997 the Rights Commissioner recommended as follows:-
"In all the circumstances, I therefore recommend that the worker
should accept that the verbal warning was validly given in the
first place, even if it has now expired with the passage of time,
and that the Company was entitled, for the reasons given, to change
its procedures for the lodging of cash.
I further recommend that the Company should confirm in writing
to the worker their remarks at the Hearing about her integrity
and their extremely positive view of her as an employee."
The worker was named in the Recommendation.
The Rights Commissioner's Recommendation was appealed by the worker to the Labour Court on the 5th of November, 1997 under Section 13(9) of the Industrial Relations Act, 1969. The Labour Court heard the appeal in Tralee on the 22nd of April, 1998.
WORKER'S ARGUMENTS:
3. 1. The recorded warning, which the Personnel Director said was the first one issued to a Kerry Group employee, is a hurtful slur on the worker's integrity and unblemished record of over 14 years. The recorded warning should be formally withdrawn.
2. Kerry Group should acknowledge that it was inappropriate to alter the worker's cash lodgement duties immediately following the incident for a period of 8 months.
3. Kerry Group should establish formal procedures for the proper investigation of such incidents so as to prevent any other unfortunate individual having to go through such a disturbing ordeal.
COMPANY'S ARGUMENTS:
4. 1. The worker committed an act of considerable carelessness exacerbated by her refusal to accept any level of responsibility for the loss of the cash under her control. However, the incident was mitigated by its isolation and by her previous clear record and as a consequence she only received a verbal warning.
2. The Company reserves the right to alter policies or procedures to ensure efficient operations. In addition, the Company has a duty of care to its employees and procedures have to be altered when a review highlights the needs for update or change. In this case, the loss of the cash is a separate issue to cash lodgement policy. Whereas the loss of the cash was as a direct result of the worker's carelessness, the incident highlighted the potential threat to all employees while in possession of cash. As a consequence, the Company felt obliged to introduce a policy that would make Managers more aware of their obligations and employees more aware of their safety.
3. The Company conducted a discreet investigation with the emphasis on ensuring that a repeat incident would be prevented.
4. At no stage has the worker been requested to reimburse the lost sum of money which has never been recovered.
DECISION:
The Court having considered all the written and oral submissions finds that the Rights Commissioner's Recommendation is reasonable in the circumstances.
The Court notes the Company statement that the employees integrity was not in question, that the claimant is held in very high esteem by the Company and the Court recommends that the Company immediately activates the Rights Commissioner's Recommendation and supply a letter to this effect to the claimant, with a copy to the Court.
Signed on behalf of the Labour Court
Finbarr Flood
7th May, 1998______________________
F.B./D.T.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Fran Brennan, Court Secretary.