FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2001 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : DUNNES STORES - AND - A WORKER (REPRESENTED BY MANDATE) DIVISION : Chairman: Ms Jenkinson Employer Member: Mr Keogh Worker Member: Mr. Somers |
1. Dispute concerning oral warning.
BACKGROUND:
2. On the 29th of July, 2002, the worker was called for a meeting with the Store Manager. When she arrived she discovered that the Personnel Manager was also present. The worker claims that the Personnel Manager began to talk to her in a loud and aggressive manner about her absenteeism/sick leave, stating that it was unacceptable. The worker was issued with a verbal warning. The Union wrote to the Company in August 2002, disputing the verbal warning, pointing out that some of the leave taken in June by the worker was Force Majeure leave approved by the Company. The Company replied, stating that the Force Majerue leave was not included in the absenteeism and that it had been made clear to the worker that the meeting of the 29th of July, 2002, was a disciplinary hearing.
The Union referred the case to the Labour Court on the 7th of March, 2003, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place in Thurles on 20th of May, 2003. The Company did not attend the hearing or forward a written submission. The worker agreed to be bound by the Court's recommendation.
UNION'S ARGUMENTS:
3. 1. The worker was given no indication that the meeting of the 29th of July, 2002, was for disciplinary purposes. The Personnel Manager was aggressive and bullying throughout the meeting.
2. The worker was not given the opportunity for representation at the meeting. The Company did not follow its own disciplinary procedures.
3. The worker's sick leave for 2002 was as follows:-
Week Ending 6/1 - 1 Day Friday, 4th January 2002
Week Ending 20/1-2 Days Wednesday, 16th January and Thursday, 17th January 2002
Week Ending 17/3 - 2 Days Friday, 15th March and Saturday, 16th March
Week Ending 5/5 - 1 Day and 4 Hours Monday, 29th and Tuesday, 30th April
Week Ending 28/7- 1 Day Saturday, 27th July 2002.
She has had only 1 day's sick leave this year.
RECOMMENDATION:
By letter dated 19th March, 2003, the employer indicated to the Court that it would not be attending the hearing, and the employer provided no written submission. Therefore, in the absence of a rebuttal of the Union's arguments, the Court has considered the Union's submission and recommends concession of the claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
5th June, 2003______________________
BG/CO'NDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.