FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : A.O. SMITH IRELAND LIMITED (REPRESENTED BY IRISH BUSINESS AND EMPLOYERS' CONFEDERATION) - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Carberry Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation No. IR4504/01.
BACKGROUND:
2. The Company was established in 1976 in Bray, Co. Wicklow. It is involved in the manufacture of electric motors for the refrigeration and air conditioning industries. It employs approximately one hundred and fifty five workers.
The worker concerned was employed by the Company as a production operative from May, 1995. He claims he was unfairly suspended without pay.
The issue was referred to a Rights Commissioner for investigation. Her recommendation issued on the 11th of October, 2001, as follows:-
"On the basis of the submissions made at the hearing, I do not find in favour of the claimant and I recommend that the sanction imposed by the Company be accepted by him."
The Union, on behalf of the worker concerned, appealed the recommendation to the Labour Court on the 8th of November, 2001, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 21st of February, 2002, the earliest date suitable to the parties.
UNION'S ARGUMENTS: 3. 1. A key witness to the incident was not formally interviewed by Management, neither was the Shop Stewart given the opportunity to question this witness.
- 2. A full investigation could not have been completed until all witnesses to the incident were interviewed.
COMPANY'S ARGUMENTS:
4. 1. At the time of the incident, the worker concerned was on a Stage 2 warning for disobedience, therefore, the Company took the decision to proceed to the next stage of the disciplinary process and imposed a Stage 3 warning and a three day suspension without pay.
2. The allegations were substantiated and the disciplinary action imposed was fair and reasonable in the circumstances.
DECISION:
Having considered all aspects of this appeal, the Court does not see any grounds for altering the recommendation of the Rights Commissioner and, therefore, rejects the Union's appeal.
The Court so decides.
Signed on behalf of the Labour Court
Caroline Jenkinson
11th March, 2002______________________
G.B./C.C.Deputy Chairman
NOTE
Enquiries concerning this Decision should be addressed to Gerardine Buckley, Court Secretary.