FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : GLANBIA MEATS (REPRESENTED BY THE IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION DIVISION : Chairman: Mr Duffy Employer Member: Mr McHenry Worker Member: Mr. Somers |
1. Appeal against the Rights Commissioner's Recommendation IR639/99/GF.
BACKGROUND:
2. The worker concerned was employed by the Company at its pig processing plant in Edenderry, Co. Offaly. In 1999 he was dismissed by the Company for alleged gross misconduct. The Union felt that the punishment was too severe. The issue was referred to a Rights Commissioner for investigation. In his recommendation, which issued on the 18th of November, 1999, he recommended that the claimant be re-engaged from Monday 6th December, and that the period since his dismissal be regarded as a suspension without pay and entered on his record as such for a period of 12 months.
The Company appealed the recommendation to the Labour Court on the 2nd of December, 1999 in accordance with Section 13(9) of the Industrial Relations Act, 1969. The Court heard the appeal on the 19th of September, 2000, the earliest date suitable to the parties.
COMPANY'S ARGUMENTS:
3. 1. There is a Company/Union agreement in place where workers are required to do overtime to make up for time lost due to a mechanical breakdown in the plant. The worker concerned was fully aware of the agreement and that his non co-operation would result in financial loss to the Company.
2. The worker attempted to steal company property - an action which warrants dismissal. This is also covered in the agreement.
3. The Company carried out a fair and full investigation into the matter and the worker was given every opportunity to explain his case.
UNION'S ARGUMENTS:
4. 1. On the day in question the worker concerned was unable to do overtime when asked at short notice due to a prior engagement. Another worker went home having been requested to do overtime but was disciplined in a more lenient manner.
2. The Company does not have a plan to cope with the unexpected such as sickness, injury or if a worker has a prior engagement.
3. The current agreement can be applied in a way which will disadvantage the workers should the Company decide.
DECISION:
It is clear to the Court that the Rights Commissioner fully accepted that the Company/Union agreement places an obligation on employees to work compulsory overtime where this is necessary due to mechanical breakdown. It is also clear that the Rights Commissioner acknowledged the seriousness of a refusal by an employee to meet that obligation. The Court endorses the Rights Commissioner's statements.
For that reason the Court does not share the Company's concern that the Rights Commissioner failed to uphold the importance of the agreement.
There is, therefore, no basis for the Company's appeal and it is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
6th October, 2000______________________
G.B./D.G.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.