FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CABLE AND WIRELESS GLOBAL BUSINESS SERVICES LIMITED - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Appeal against disciplinary action.
BACKGROUND:
2. The worker concerned commenced employment with the Company as a Customer Services Advisor in January, 2000. He was made redundant on the 5th of April, 2002. In January, 2001, he was issued with a verbal warning and in March, 2001, he was issued with a written warning in relation to a number of performance issues. He claims the warnings were unfair and unwarranted.
The issue was referred to the Labour Court on the 29th of August, 2001, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 17th of April, 2002. The worker agreed to be bound by the Court's recommendation.
The Company did not attend the hearing but stated its position in a letter to the Court that a comprehensive investigation in relation to the performance issues was carried out followed by a well established disciplinary process.
UNION'S ARGUMENTS:
3. 1. The action taken was unjust and unwarranted as the worker concerned was not guilty of an offence.
2. The disciplinary process is flawed. The Company failed to follow a progressive approach to disciplinary action.
RECOMMENDATION:
The Company declined to attend the Court hearing, but stated its position in writing in relation to the written warning which is the subject matter of this dispute. The Court, having considered the information before it, finds that the procedures were unjust, unfair and lacking in transparency.
The Court notes that the warning has transpired and that the employee is no longer employed by the Company.
Signed on behalf of the Labour Court
Caroline Jenkinson
3rd May, 2002______________________
GB/MBDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Gerardine Buckley, Court Secretary.