FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : CADBURY IRELAND LIMITED - AND - A WORKER (REPRESENTED BY AMALGAMATED TRANSPORT AND GENERAL WORKERS' UNION) DIVISION : Chairman: Mr Flood Employer Member: Mr Grier Worker Member: Mr O'Neill |
1. Appeal against Rights Commissioner's Recommendation IR11449GF.
BACKGROUND:
2. The dispute concerns a complaint made by the worker against a Manufacturing Manager, involving an incident on the 26th of July, 2002. The worker is a Production Operator in Block A and the Manufacturing Manager is employed in Block B.
The worker had gone to the Boost Plant on the morning of the 26th of July to visit a colleague. As the colleague was on a break, the worker began to read a newspaper lying nearby. He claims that he was approached almost immediately by the Manufacturing Manager who demanded the newspaper. The Manufacturing Manager claims that the worker had hidden the newspaper under a stack of cardboard and refused to hand it over. The Manager reached over, placed his hand on the worker's elbow, took the newspaper, rolled it up and threw it away. The worker claims that he was annoyed and aggrieved at this treatment and made a formal complaint. The Company claims that the worker stated that he had been assaulted. His written statement of complaint dated 31st of July, 2002, was as follows:
"On Friday morning, 26th of July, 2002, the Manufacturing Manager put his hand on me and tore up a newspaper in front of me aggressively".
(The Manufacturing Manager was named in the complaint).
The Company conducted an internal investigation and statements were taken from the principals involved, including a Line Manager who was a witness. The conclusion was that the worker had made a serious allegation which was unfounded, and he was issued with a written warning under the Disciplinary Procedure.
The worker appealed the decision but, after consideration, the Company issued him with the written warning. The worker referred his case to a Rights Commissioner whose findings and recommendation were as follows:
"I have given this matter careful consideration and I can only come to the conclusion that the Company are not at fault for the claimant's stress related problems. In the circumstances I do not believe the Company acted unreasonably in the matter. I note the period for such a complaint to be retained on the claimant's work record has passed and I am recommending the matter shall be left at that."
The Union appealed the decision to the Labour Court on the 11th of August, 2003, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 27th of November, 2003.
UNION'S ARGUMENTS:
3. 1. There is no dispute that the Manufacturing Manager did lay his hand on the worker in what the worker felt was an aggressive manner.
2. The worker made a complaint about the incident and ended up with a written warning. He believes that he has been victimised.
COMPANY'S ARGUMENTS:
4. 1. The Company carried out a thorough investigation into the incident. All parties were given a fair and impartial hearing.
2. The worker made a verbal accusation that he had been assaulted, something the Company views as a very serious allegation. When the investigation decided that the allegation was unfounded, the Company issued the worker with a written warning.
3. The worker was often unco-operative during the investigation, offering "no comment" to a number of questions and statements.
DECISION:
Under the agreed harassment procedures, it is stated that "in the event of a complaint having been established to be unfounded, appropriate action, including disciplinary action can be taken".
Given this position, the Company was within its rights in taking the action it did in this case.
The Court, therefore, upholds the Rights Commissioner's Recommendation and rejects the appeal.
However, the Court recommends that the wording of the agreement should be amended to read "malicious or vexatious" rather than "unfounded".
Signed on behalf of the Labour Court
Finbarr Flood
9th December, 2003______________________
CON/MB.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.